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Commission v Spain (Freedom Of Establishment): ECJ 16 Sep 2010

ECJ Opinion – Infringement proceedings – Failure of a Member State to fulfil obligations – Directive 93/37/EEC – Directive 2004/18/EC – Public works contracts – Public service contracts – Public service concession – Public works concession – Land development – Urban planning and development laws in the Valencia region. Judges: Jaaskinen AG Citations: C-306/08, [2010] … Continue reading Commission v Spain (Freedom Of Establishment): ECJ 16 Sep 2010

Spain v Commission: ECJ 9 Oct 2014

ECJ (Judgment) (French Text) Appeal – Cohesion Fund – Reduction of financial assistance – Public works contracts – Directive 93/37 / EEC – Award criteria – previous work experience – Criteria for qualitative selection Judges: Mme C. Toader Citations: C-641/13, [2014] EUECJ C-641/13 Links: Bailii Statutes: Directive 93/37/EEC Jurisdiction: European European Updated: 16 August 2022; … Continue reading Spain v Commission: ECJ 9 Oct 2014

Commission v Germany C-536/07: ECJ 4 Jun 2009

(Freedom Of Establishment) Opinion – Failure of a Member State to fulfil obligations Article 226 EC Public procurement Directive 93/37/EEC Procedures for the award of public works contracts Trade fair organisations Lease entered into by a contracting authority governing premises after construction Use of the premises by a trade fair organisation Underlease entered into between … Continue reading Commission v Germany C-536/07: ECJ 4 Jun 2009

Auroux and Others v Commune de Roanne, intervening party: Societe d’equipement du departement de la Loire (SEDL): ECJ 15 Jun 2006

ECJ Opinion – Public procurement – Directive 93/37/EEC – Award without call for tenders – Contract for the implementation of a development project concluded between two contracting authorities – Definition of ‘public works contract’ and ‘work’ – Method of calculation of the value of the contract. Judges: Kokott AG Citations: C-220/05, [2006] EUECJ C-220/05 Links: … Continue reading Auroux and Others v Commune de Roanne, intervening party: Societe d’equipement du departement de la Loire (SEDL): ECJ 15 Jun 2006

Commission v Spain C-84/03: ECJ 13 Jan 2005

ECJ Law Relating To Undertakings – Failure to fulfil obligations – Directives 93/36/EEC and 93/37/EEC – Public contracts – Award procedure for public supply and public works contracts – Scope – Definition of contracting authority – Inter-administrative cooperation agreements – Definition of contract – Use of the negotiated procedure in cases not provided for by … Continue reading Commission v Spain C-84/03: ECJ 13 Jan 2005

Sintesi SpA v Autorita per la Vigilanza sui Lavori Pubblici: ECJ 7 Oct 2004

Approximation Of Laws – Directive 93/37/EEC – Public works contracts – Award of contracts – Right of the contracting authority to choose between the criterion of the lower price and that of the more economically advantageous tender Judges: CWA Timmermans, P Citations: C-247/02, [2004] EUECJ C-247/02, [2005] 1 CMLR 12, [2004] ECR I-9215 Links: Bailii … Continue reading Sintesi SpA v Autorita per la Vigilanza sui Lavori Pubblici: ECJ 7 Oct 2004

Commission v Italy C-385/02: ECJ 14 Sep 2004

Failure of a Member State to fulfil its obligations – Directive 93/37/EEC – Public works contracts – Negotiated procedure without prior publication of a contract notice Citations: [2005] 1 CMLR 52, [2004] ECR I-8121, [2004] EUECJ C-385/02 Links: Bailii Jurisdiction: European Cited by: Cited – Edenred (UK Group) Ltd and Another v HM Treasury and … Continue reading Commission v Italy C-385/02: ECJ 14 Sep 2004

Impresa Lombardini: ECJ 27 Nov 2001

Law Relating To Undertakings – Directive 93/37/EEC – Public works contracts – Award of contracts – Abnormally low tenders – Detailed rules for explanation and rejection applied in a Member State – Obligations of the awarding authority under Community law Citations: [2001] ECR I-9233, C-286/99, [2001] EUECJ C-286/99, [2004] 1 CMLR 2 Links: Bailii Statutes: … Continue reading Impresa Lombardini: ECJ 27 Nov 2001

Commission v Spain C-283/00: ECJ 16 Oct 2003

(Judgment) Failure of a Member State to fulfil its obligations – Public procurement – Directive 93/37/EEC – Procedure for the award of public works contracts – State commercial company governed by private law – Company’s object consisting of the implementation of a plan for repaying the costs of and establishing prisons – Concept of contracting … Continue reading Commission v Spain C-283/00: ECJ 16 Oct 2003

Auroux and Others v Commune de Roanne, intervening party: Societe d’equipement du departement de la Loire (SEDL): ECJ 18 Jan 2007

ECJ Public procurement – Directive 93/37/EEC – Award without call for tenders – Contract for the implementation of a development project concluded between two contracting authorities – Definition of ‘public works contract’ and ‘work’ – Method of calculation of the value of the contract P. Jann, P [2007] EUECJ C-220/05, [2007] ECR I-385, ECLI:EU:C:2007:31, EU:C:2007:31, … Continue reading Auroux and Others v Commune de Roanne, intervening party: Societe d’equipement du departement de la Loire (SEDL): ECJ 18 Jan 2007

Edenred (UK Group) Ltd and Another v HM Treasury and Others: SC 1 Jul 2015

Challenge to the decision by HM Treasury to use National Savings and Investments to deliver the Government policy of Tax-free Childcare. The claimants said that the 2006 Regulations imposed an obligation to put such contracts out to tender. Held: There had been an original tendering process and the new actions of the respondent could be … Continue reading Edenred (UK Group) Ltd and Another v HM Treasury and Others: SC 1 Jul 2015

Edenred (UK Group) Ltd v Her Majesty’s Treasury and Others: QBD 22 Jan 2015

The claimant challenged the means of implementation of the new scheme of tax-free childcare support, saying that the 2006 Regulations should have been applied before the allocation of the administration of the new scheme had been given to the National Savngs and Investments. Held: The MoU between HMRC and NSandI is not a ‘public services … Continue reading Edenred (UK Group) Ltd v Her Majesty’s Treasury and Others: QBD 22 Jan 2015

Commission v Spain (Freedom Of Establishment): ECJ 26 May 2011

ECJ Judgment – Failure of a Member State to fulfil obligations – Directives 93/37/EEC and 2004/18/EC – Procedures for the award of public works contracts – Urban development legislation of the Autonomous Community of Valencia K. Lenaerts, P [2011] EUECJ C-306/08 Bailii Directive 2004/18/EC, Directive 93/37/EEC Citing: Opinion – Commission v Spain (Freedom Of Establishment) … Continue reading Commission v Spain (Freedom Of Establishment): ECJ 26 May 2011

Universale-Bau and others v Entsorgungsbetriebe Simmering GmbH: ECJ 12 Dec 2002

ECJ Judgment – Directive 93/37/EEC – Public works contracts – Definition of ‘contracting authority’ – Body governed by public law – Restricted procedure – Rules for weighting of criteria for selecting candidates invited to tender – Advertisement – Directive 89/665/EEC – Review procedures relating to public procurement – Time-limits for review J-P Puissochet, P C-470/99, … Continue reading Universale-Bau and others v Entsorgungsbetriebe Simmering GmbH: ECJ 12 Dec 2002

French Republic v European Commission: ECJ 26 Sep 2013

ECJ Appeal – European Regional Development Fund (ERDF) – Community structural assistance in the region of Martinique – Reduction of financial assistance – Public works contracts – Compliance of operations with provisions of European Union law – Coordination of procedures for the award of public works contracts – Directive 93/37/EEC – Article 2 – Concept … Continue reading French Republic v European Commission: ECJ 26 Sep 2013

Healthcare at Home Ltd v The Common Services Agency: SC 30 Jul 2014

The court asked how to apply the concept in European law of ‘The reasonably well-informed and diligent tenderer’. The pursuer had had a contract for the delivery of healthcare services, but had lost it when it was retendered. Held: When an unsuccessful tenderer for a public contract challenges that award, the issue as to whether … Continue reading Healthcare at Home Ltd v The Common Services Agency: SC 30 Jul 2014

Commission v Italy: ECJ 21 Feb 2008

ECJ Failure of a Member State to fulfil its obligations Public works, supply and service contracts Directives 92/50/EEC, 93/36/EEC, 93/37/EEC and 93/38/EEC – Transparency – Equal treatment – Contracts excluded from the scope of those directives on account of their value. Citations: C-412/04, [2008] EUECJ C-412/04 Links: Bailii Jurisdiction: European Citing: Opinion – Commission v … Continue reading Commission v Italy: ECJ 21 Feb 2008

Asociacion Nacional De Empresas Forestales v Transformacion Agraria SA (Tragsa): ECJ 28 Sep 2006

ECJ Freedom Of Establishment – Reference for a preliminary ruling Admissibility Article 86(1) EC No independent effect Factors permitting material which enables the Court to give a useful answer to the questions referred Directives 92/50/EEC, 93/36/EEC and 93/37/EEC National legislation enabling a public undertaking to perform operations on the direct instructions of the public authorities … Continue reading Asociacion Nacional De Empresas Forestales v Transformacion Agraria SA (Tragsa): ECJ 28 Sep 2006

Commission v Italy: ECJ 8 Nov 2006

ECJ (Opinion) Public procurement – Criteria for the application of Community rules to mixed contracts – Application of the principles of transparency and equal treatment to contracts excluded on grounds of value – Award of contracts for urban development works; of contracts for the design, supervision and inspection of works the value of which is … Continue reading Commission v Italy: ECJ 8 Nov 2006

Asociaciacion Nacional De Empresas Forestales: ECJ 19 Apr 2007

ECJ (Freedom of Establishment) Reference for a preliminary ruling – Admissibility Article 86(1) EC – No independent effect – Factors permitting material which enables the Court to give a useful answer to the questions referred Directives 92/50/EEC, 93/36/EEC and 93/37/EEC National legislation enabling a public undertaking to perform operations on the direct instructions of the … Continue reading Asociaciacion Nacional De Empresas Forestales: ECJ 19 Apr 2007

Commission v Ireland (Law Relating To Undertakings): ECJ 29 Oct 2009

Europa Failure of a Member State to fulfil obligations Public works contracts Directives 93/37/EEC and 89/665/EEC – Obligation of the contracting authority to inform an unsuccessful tenderer of the award decision Review procedures under national law Effective legal protection Decisions open to challenge Limitation periods Length of the period Requirement to bring proceedings ‘at the … Continue reading Commission v Ireland (Law Relating To Undertakings): ECJ 29 Oct 2009

Impresa Pizzarotti v Comune di Bari: ECJ 15 May 2014

ECJ Opinion – Procurement – Directives 93/37/EEC and 2004/18/EC – Concept of ‘public works contract’ – Contract concluded for the lease of a book not yet built – Scope of the principle of the rule of res judicata in the event of a situation incompatible with the law of the Union Nils Wahl AG C-213/13, … Continue reading Impresa Pizzarotti v Comune di Bari: ECJ 15 May 2014

Azam and Co v Legal Services Commission: ChD 5 May 2010

The claimant solicitors had failed to submit their tender for a new contract in time. The respondent refused to accept the late submission. The claimant said that the respondent had not directly notified it of the deadline and so failed to meet its obligations under the 2006 Act and European law, and that the refusal … Continue reading Azam and Co v Legal Services Commission: ChD 5 May 2010