ECJ (Judgment) Reference for a preliminary ruling – Directive 2004/18/EC – Article 45 – Articles 49 and 56 TFEU – Public procurement – Conditions for exclusion from a procedure for the award of public works contracts, public supply contracts and public service contracts – Obligations relating to the payment of social security contributions – Social … Continue reading Ciclat Soc Coop v Consip SpA and Others: ECJ 10 Nov 2016
ECJ Directive 2004/18/EC – Article 45(2), first subparagraph, point (d) -Directive 2004/17/EC – Articles 53(3) and 54(4) – Public procurement – Postal services sector – Exclusion criteria in relation to the procedure for the award of a contract – Grave professional misconduct – Protection of the public interest – Maintenance of fair competition Citations: C-465/11, … Continue reading ABC Direct Contact Sp ZOO v Poczta Polska Sa: ECJ 13 Dec 2012
ECJ Order – Failure of A Member State To Fulfil Obligations – allowing intervention by state of Denmark Judges: J Kokott AG Citations: C-368/10, [2011] EUECJ C-368/10 Links: Bailii Cited by: Order – Commission v Netherlands ECJ 15-Dec-2011 ECJ Opinion – Failure Of A Member State To Fulfil Obligations – Procurement – Organic Products – … Continue reading Commission v Netherlands: ECJ 10 May 2012
Outer House – Healthcare challenged the award of a framework agreement contract to a competitor contractor. Judges: Lord Hodge Citations: [2012] ScotCS CSOH – 75 Links: Bailii Statutes: Public Contracts (Scotland) Regulations 2006 47A(1)(b)(I), Directive 2004/18/EC Jurisdiction: Scotland Citing: Outer House – Healthcare At Home Ltd v The Common Services Agency SCS 1-Feb-2011 Outer House … Continue reading Healthcare At Home Ltd v The Common Services Agency: SCS 1 May 2012
ECJ Public procurement – Directive 2004/18/EC – Contract award procedures – Restricted call for tenders – Assessment of the tender – Requests by the contracting authority for clarification of the tender – Conditions Judges: Bonichot R P Citations: C-599/10, [2012] EUECJ C-599/10 Links: Bailii Statutes: Directive 2004/18/EC European Updated: 06 October 2022; Ref: scu.452637
The claimants challenged the procurement methods of the respondent in acquiring land to support a development. The Court considered their standing to bring such proceedings. Held: Arden LJ’s observations in Chandler (and Richards J’s in Kathro) had not been intended to suggest that anyone who did not have an ‘ulterior’ or ‘improper’ motive would have … Continue reading Wylde and Others v Waverley Borough Council: Admn 9 Mar 2017
Freedom of Establishment – Freedom To Provide Services Approximation of Laws – Reference for a preliminary ruling – Public works contracts – Directive 2004/18/EC – Article 45(2) and (3) – Conditions for exclusion from participation in public procurement – Declaration regarding the absence of convictions of former directors of the tendering company – Criminal conduct … Continue reading Impresa Di Costruzioni Ing E Mantovani and Guerrato SpA v Provincia autonoma di Bolzano: ECJ 20 Dec 2017
ECJ Judgment – Reference for a preliminary ruling – Public service contracts – Directive 2004/18/EC – Article 45(2) – Personal situation of the candidate or tenderer – Optional grounds of exclusion – Grave professional misconduct – National legislation providing for a case-by-case assessment in accordance with the principle of proportionality – Decisions of the contracting … Continue reading Connexxion Taxi Services BV v Staat der Nederlanden (Ministerie van Volksgezondheid, Welzijn en Sport): ECJ 14 Dec 2016
ECJ (Judgment) Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Betting and gambling – Restrictions – Overriding reasons of public interest – Proportionality – Public procurement – Conditions for participating in a call for tenders and assessment of economic and financial standing – Exclusion of the tenderer for not … Continue reading Politano C-225/15: ECJ 8 Sep 2016
ECJ (Judgment) Reference for a preliminary ruling – Public procurement – Directive 2004/18/EC – Article 2 – Principle of equal treatment – Obligation of transparency – Contract for the supply of a complex communications system – Difficulties in performance of the contract – Disagreement of the parties in regard to areas of responsibility – Settlement … Continue reading Finn Frogne A/S v Rigspolitiet ved Center for Beredskabskommunikation: ECJ 7 Sep 2016
ECJ Reference for a preliminary ruling – Ambulance services – National legislation reserving ambulance services for public health establishments to be registered voluntary associations fulfilling the legal requirements on a preferential basis – Compatibility with EU law – Public procurement – Articles 49 TFEU and 56 TFEU – Directive 2004/18/EC – Mixed services, covered both … Continue reading ASL N.5 ‘Spezzino’, And Others: ECJ 14 Dec 2011
ECJ Judgment – Public procurement – Principles of equal treatment and transparency -Directive 2004/18/EC – Grounds for excluding a tenderer from participating – Article 45 – The personal situation of the candidate or tenderer – Compulsory statement concerning the person designated as ‘technical director’ – Statement not included with the tender – Exclusion from the … Continue reading Cartiera Dell’Adda SpA v CEM Ambiente SpA: ECJ 6 Nov 2014
ECJ Judgment – Reference for a preliminary ruling – Directive 2004/18/EC – Public service contracts – Conduct of the procedure – Contract award criteria – Qualifications of the staff assigned to performance of the contract T von Danwitz P C-601/13, [2015] EUECJ C-601/13, [2015] WLR(D) 145, ECLI:EU:C:2015:204 Bailii, WLRD Directive 2004/18/EC European Administrative Updated: 01 … Continue reading Ambisig v Nersant: ECJ 26 Mar 2015
ECJ Failure to fulfill obligations – Directive 2004/18/EC – Public service contracts – Architectural and Engineering Services – Services to study, design and supervision on the renovation of a public building – . .
