517 Yves Allain previously served as an expert on procurement law and policy to the European Commission. This article takes up the main elements of an article published in French in the Bulletin juridique des contrats publics. The author would like to thank student editor DaShondra Brown, who reviewed the translation of this piece and often improved upon it. The author here expresses strictly personal views, which should not be attributed to the Europpea Commission in any way. THE NEW EUROPEAN...