Article 126Termination of concessions

1.In addition to Article 107, public buyers may terminate a concession contract before its expiry, where provided for under Union or national law and where such termination is justified by overriding reasons of public interest.

2.Any termination pursuant to paragraph 1 shall:

(a)comply with the principles of proportionality and equal treatment;

(b)be duly reasoned and based on objective and verifiable grounds;

(c)be exercised only where the objective pursued cannot reasonably be achieved by less restrictive measures, including by modifying the concession in accordance with this Regulation.

3.In the event of termination under this Article, the concessionaire shall be entitled to appropriate compensation.

4.The justification for the termination and the compensation shall be duly documented and made available for verification by competent supervisory, audit and review bodies for a minimum of five years.