2. Sharengo sau din nou despre calificarea juridică a unui contract de concesiune de servicii de închiriere a autovehiculelor electrice în contextul noilor politici publice de mobilitate urbană durabilă unionale şi naţionale
2. Sharengo, or again on the legal qualification of a concession contract for the hire of electric vehicles in the context of new EU and national public policies for sustainable urban mobility

Summary/Abstract: The judgment in the Sharengo case includes, inter alia, useful information provided by CJEU on what constitutes a service concession contract, starting from what delineates a public procurement contract from a service concession contract. Thus, the essence of the service concession contract still lies in the substantial transfer of economical operational risk from the contracting authority to the concessioner. Yet, the legal concept of substantial transfer of operational risk is also compatible with a situation in which the contracting authority decides to forgo parking fees for EVs and the regular maintenance costs of parking spaces. However, contracting authority's contributions as such would not eliminate the operational risk of the private partner. This case exemplifies a nuanced and flexible approach applicable to operational risk in the context of combating global warming at the European Union city level through sustainable urban mobility policies. In conclusion, we will consider this judgment as a role model to showcase the importance of service concession contracts as legal instruments to accelerate the future development of sustainable urban mobility and to solve the problem of parking spaces in urban areas at EU level. In the end, we critically examine the new Romanian legal framework on sustainable urban mobility enacted following both the new EU sustainable urban mobility framework and as milestone of the Romanian national plan for recovery and resilience – P.N.R.R.

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