The European directives on public procurement do not contain any
specific provisions ensuring their effective application. These provisions can
be found in the Public Sector Remedies Directive 89/665/EEC and the Utilities
Remedies Directive 92/13/EEC, as these directives have recently been amended
by Directive 2007/66/EC. These measures provide means of redress for tenderers
who have been prejudiced by a breach of the EU rules on public procurement.
Following the highly user-friendly approach of its Part I predecessor – which
cited and analyzed the Court of Justice’s case law concerning the substantive
EU procurement rules laid down in the Public Sector Directive and the
Utilities Directives – this book combines and links the full texts of the
procurement remedies directives with 31 pertinent judgements issued by the
Court of Justice of the European Communities. In one easy-to-use volume this
full texts of the the Public Sector Remedies Directive and the Utilities
Remedies Directive, with the articles of these directives linked to the
relevant Court of Justice case law;
in-depth analysis of 31 judgements rendered by the Court of Justice in the
period 1993–2008 in connection with subject matter treated by the articles of
the two directives;
expert discussion of major innovations introduced by Amending Directive
2007/66/EC, with analysis of its ratio legis and full text;
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;
pertinent passages of the opinions of the Advocate General; and
an exhaustive subject index.
By thus combining the theory and ‘reality’ of European procurement law the
book not only saves readers time and effort, but also provides profound and
practical insight into the Remedies Directives and the important rights and
obligations which they create.
The pursuit of remedies for breaches of the EU procurement rules is a topic of
high interest to public authorities and their suppliers, contractors and
service providers across Europe. This book will be of great value to
practitioners and to officials charged with ensuring that decisions taken by
the public contracting authorities and entities may be reviewed effectively
and rapidly, thus building confidence among businesses and the public that
public procurement procedures are fair.
List of Abbreviations. Introduction. Modus operandi. I. The
Amending Directive 2007/66/EC. II. The EU Remedies Directives
89/665/EEC and 92/13/EEC. III. Analysis of the Case Law Relating to
Provisions of the EU Remedies Directives 89/665/EEC and 92/13/EEC. IV.
Judgements Rendered by the Court of Justice in the Period 1993–2008 and
Regarding Public Procurement Review Procedures and Remedies – Relevant
Excerpts. Appendices: 1. Preamble of Amending Directive 2007/66/EC. 2
. European Commission – Impact Assessment Report – Remedies in the Field of
Public Procurement. 3. Relevant Articles of the Treaty Establishing the
European Community (EC Treaty). 4. Table of Cases before the European
Court of Justice Arranged According to the Date of Judgement. 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. 8. Juxtaposition of the Texts of the Public
Procurement Remedies Directives before and after Amending Directive
2007/66/EC. Subject Index. About the Authors.