S.L. 601.9 Art. 94Termination of concession contracts. S.L. 601.03

(1) Contracting authorities can terminate a contract during its term, where:

(a) a modification of the concession has taken place, which would have required a new concession award procedure pursuant to regulation 85;

(b) the concessionaire has been, at the time of concession award, in one of the situations referred to in regulation 192 of the Public Procurement Regulations and should therefore have been excluded from the concession award procedure;

(c) a contracting authority or contracting entity has awarded the concession without complying with its obligations under the Treaties, Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts or these regulations;

(d) the contractor fails to discharge any obligation which he has contracted.

(2) If the contracting authority or the contracting entity has no valid reason for the termination, it is to compensate the contractor for all his expenses and work and to pay him a sum to be fixed by the court, according to circumstances, but not exceeding the profits which the contractor could have made by the contract.

(3) If the contracting authority or the contracting entity has valid reason for the termination, it is to pay the contractor only such sum which shall not exceed the actual proven expenses and work of the contractor.

(4) Any payment made in advance to the contractor before the termination of the contract shall be applied to the sums due in terms of sub-regulations (2) or (3) and the contractor shall return any resulting excess to the contracting authority or the contracting entity.

(5) The contract shall be immediately terminated when the contracting authority or the contracting entity informs the contractor, by any means whatsoever, of his decision to terminate the contract, and this without the need of any authorization or confirmation by any court or Board.

Part IV Rules common to Concessions which meet or exceed the threshold Publications