ECJ – Case C‑615/10 – Exploring the grey area between civilian and military purposes.

This reference for a preliminary ruling looks again at the interplay between Article 10 of the Classic Directive and Article 296(1)(b) TFEU and considers to what extent design/ modification of equipment which has a clear civilian application renders its procurement suitable for derogation from regulation under the Classic Directive.

In essence, although a piece of equipment may have a clear civilian application, if its design and modification is such that it is intrinsically suited for military purposes it will be open to a domestic court to determine that the relevant derogation applies.

It continues to be clear that each case must be carefully considered on its merits and there is no room for a “black and white” analysis.

The whole of the preliminary ruling is set out in the attached link:

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