On November 9, 2017, has been published in the BOE the Law 9/2017, of November 8, on Public Sector Contracts (hereinafter, Contracts Law) which incorporates the Directive 2014/23/EU, of 26 February 2014, into the Spanish legal system, on the award of concession contracts and Directive 2014/24/EU of 26 February 2014, on public procurement.
The objectives that inspire the regulation contained in the Contract Law are, firstly, greater transparency in public procurement and secondly, achieve greater value.
CENTRO INTERMODAL DE LOGÍSTICA, S.A., S.M.E. (hereinafter CILSA) is a society of mostly public capital (51.5% is held by the Port Authority of Barcelona), whose purpose is the development of areas of logistics activities linked directly or indirectly to the Port of Barcelona.
CILSA is part of the group of entities that make up the public sector and does not have the status of contracting authority (Article 3.1.h of the Contract Law).
This means that the award of contracts entered by CILSA shall comply with instructions recruitment (art. 321 of the Contract Law).
Additionally, it assumes that the contracts entered into by CILSA will be considered as private contracts that will be governed, in terms of their effects, modification and termination, by the rules of private law that apply to them (Article 26 in relation to art. 322 of the Contract Law).