Does Competition Trump Sustainability? A Note on DYKA Plastics

Following the Opinion of its Advocate General, in DYKA Plastics the Court of Justice (ECJ) severely curtailed the ability of public buyersto prefer more sustainable solutions. Pursuing the widest competition possible has been the sole concern of both the Advocate General and the Court. It is argued that the opinion and the judgment are based on a selective approach to the applicable public procurement rules which fails to engage with the relevant precedent in the case law. The policy choices embodied in DYKA Plastics are at odds with recent legislative developments relying on public procurement to achieve environmental goals.