The defendant sought to strike out certain parts of the claim against it relating to the tendering process for works on a substantial development. It was said that the defendant had given improper preference for the development of its own site. Held: The requests were denied. The claims were not unarguable, and much remained to … Continue reading Montpellier Estates Ltd v Leeds City Council: QBD 24 Jun 2010
The restriction of an invitation to tender to companies who could later buy the properties was unlawful. Citations: Times 16-Jan-1996 Statutes: Council Directive 92/50/EEC Jurisdiction: England and Wales Local Government, European Updated: 26 May 2022; Ref: scu.87793
An order to a local authority requiring it to re-open a tender did not infringe any private right of the authority under European law. Citations: Times 05-Mar-1998 Statutes: Council Directive 92/50/EEC (OJ L209/1) Jurisdiction: England and Wales Local Government Updated: 11 May 2022; Ref: scu.87789
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. The authority argued that the arrangement was exempt under the judgment in Teckal which allowed … Continue reading Brent London Borough Council and Others v Risk Management Partners Ltd: SC 9 Feb 2011
The claimant said he had been wrongfully excluded from tendering for work by the respondent under the Regulations. He had worked for the respondent as a contractor for many years. He complained that a reference provided by one of the decision makers was inaccurate, and given in bad faith. Held: The papers had failed to … Continue reading Luck T/A G Luck Arboricultural and Horticultural v London Borough of Tower Hamlets: CA 30 Jan 2003
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
ECJ (Freedom To Provide Services) – Public procurement Liberalisation of postal services Directives 92/50/EEC and 97/67/EC’ Articles 43 EC, 49 EC and 86 EC National legislation allowing public authorities to conclude agreements for the provision of both reserved and non-reserved postal services with a publicly owned company, namely the provider of universal postal service in … Continue reading Asociacion Profesional De Empresas De Reparto Y Manipulado De Correspondencia v Administracion General del Estado: ECJ 18 Dec 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
ECJ Directive 92/50/EEC – Public service contracts – Award with no public call for tenders – Award of the contract to a semi-public undertaking – Judicial protection – Directive 89/665/EEC ECJ The City of Halle had decided to award a contract for the handling and disposal of its waste to RPL, a company with limited … Continue reading Stadt Halle, RPL Recyclingpark Lochau GmbH v Arbeitsgemeinschaft Thermische Restabfall- und Energieverwertungsanlage TREA Leuna: ECJ 11 Jan 2005
ECJ Public service contracts – Directive 92/50/EEC – Procedure for the award of public service contracts – Directive 89/665/EEC – Scope – Decision to withdraw an invitation to tender – Judicial review – Scope. Citations: C-92/00, [2002] EUECJ C-92/00 Links: Bailii Statutes: Directive 92/50/EEC, Directive 89/665/EEC Cited by: Cited – Montpellier Estates Ltd v Leeds … Continue reading HI Hospital Ingenieure Krankenhaustechnik PlanungsgesmbH: ECJ 18 Jun 2002
AGAC was a corporate entity set up by a consortium of Italian local authorities to provide energy and environmental services to those participating. Prior to 1997 Teckal had supplied fuel to Viano and had serviced its heating systems. In May 1997 Viano decided to switch its custom to AGAC, but without inviting competing tenders from … Continue reading Teckal Srl v Comune di Viano, Azienda Gas-Acqua Consorziale (AGAC) di Reggio Emilia: ECJ 18 Nov 1999
Failure by a Member State to fulfil its obligations – Admissibility – Legal interest in bringing proceedings – Directive 92/50/EEC – Procedures for the award of public service contracts – Negotiated procedure without prior publication of a contract notice – Conditions Citations: [2009] EUECJ C-480/06 Links: Bailii Statutes: Directive 92/50/EEC Jurisdiction: European Citing: Opinion – … Continue reading Commission v Germany – C-480/06: ECJ 9 Jun 2009
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 Regulations. The High Court found the appointment to be outwith the provisions, but this was … Continue reading Jivraj v Hashwani: SC 27 Jul 2011