Procurement in a nutshell – EU consultation on remedies
8th May, 2015
In this Procurement in a Nutshell update, we will be looking at the Consultation launched by the European Commission on remedies available in public procurement.
The consultation page is available here.
To save you time and to help all practitioners, each week we will issue succinct notes on key changes.
The European Commission has launched a consultation on the Remedies Directive, Directive 2007/66/EC. This directive substantially amended Directive 89/665/EEC and Directive 92/13/EEC brought in the remedies regime on procurement for the public sector and the utilities sector respectively.
For public contracts falling within the scope of EU procurement law, the remedies directives together set out a review mechanism so that decisions of Contracting Authorities in public procurement procedures can be reviewed to ensure these Contracting Authorities are complying with the rules.
They also set out pre-contractual remedies and post-contractual remedies where those rules have been infringed.
The consultation launched by the Commission, although open to any group, specifically seeks the views of Contracting Authorities and economic operators in relation to the effectiveness of these remedies.
The consultation is open from 24 April 2015 to 20 July 2015.
Why is it important?
Contracting Authorities offering contract opportunities and economic operators bidding for them need to be aware of the remedies available under the public procurement regime.
The Commission’s consultation offers an opportunity to provide feedback on how these remedies operate in practice.
How can I find out more?
If you have any queries on the issues raised or on any aspect of procurement, please contact us via our procurement hotline on 0191 204 4464.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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