This is the ultimate legal resource on public procurement in the
European Union. It combines and links the full texts of the procurement
directives in force today—i.e. Directive 2004/17/EC (the new Utilities
Directive) and Directive 2004/18/EC (the new Public Sector Directive)—with
more than eighty judgments rendered by the European Court of Justice during
the period 1982–2007 regarding public procurement. In one easy-to-use volume
1. the texts of the Public Sector Directive and the Utilities Directive, with
the articles of these directives linked to the relevant Court of Justice case
2. in-depth analysis of 84 judgements rendered by the Court of Justice in
connection with subject matter treated by the articles of the two directives;
3. the essential excerpts from the chronologically ordered judgments, with
each excerpt preceded by an overview of the subject matter and points of law
treated in the judgment;
4. pertinent passages of opinions of the Advocate General;
5. texts of supplementary legislation, including the relevant articles of the
EC Treaty and interpretative communications and explanatory notes of the
European Commission; and
6. an exhaustive subject index.
By bringing the reader into direct contact with the relevant jurisprudence of
the European Court of Justice—which has been instrumental in interpreting the
public procurement legal framework—the book clearly manifests the reality of
public procurement in the European Union. It will be of great value to
practitioners and officials charged with ensuring that contracts are awarded
in an open, fair and transparent manner that allows domestic and non-domestic
firms to compete for business on an equal basis, and that the high quality and
fair cost of purchases made by awarding authorities are maintained.
List of abbreviations. Introduction. Modus operandi.
Chapter 1. The EU Procurement Directives 2004/18/EC and 2004/17/EC. Section
I. The Public Sector Directive 2004/18/EC. Section II. The
Utilities Directive 2004/17/EC.
Chapter 2. Judgements Rendered by the Court of Justice in the Period
1982–2007 Regarding Public Procurement—Analysis. Section I .
Analysis of the Case Law Relating to Provisions of the Public Sector Directive
2004/18/EC. Section II. Analysis of the Case Law Relating to Provisions
of the Utilities Directive 2004/17/EC.
Chapter 3. Judgements Rendered by the Court of Justice in the Period
1982–2007 Regarding Public Procurement—Relevant Excerpts. Appendices: 1.
Relevant Articles of the EC Treaty. 2. Interpretative Communications
of the European Commission. 3. Explanatory Notes by the European
Commission. 4. Table of Cases Before the European Court of Justice
Arranged According to the Date of Judgment. 5. Table of Cases Before
the European Court of Justice Arranged According to their Case Number. 6.
Alphabetical Table of Cases and Parties. 7. Correlation Tables. Subject
Index. About the Authors.