ECJ Public procurement – Water sector – Directive 92/13/EEC – Effective and rapid review procedures – Time-limits for bringing an action – Date from which time begins to run Judges: T von Danwitz, P Citations: C-161/13, [2014] EUECJ C-161/13 Links: Bailii Statutes: Directive 92/13/EEC Jurisdiction: European Utilities Updated: 28 July 2022; Ref: scu.525447
NATS had tendered unsuccessfully for a contract to provide air traffic control services at Gatrwick airport, and challenged the award. GAL denied that the Regulations applied and now sought disapplication of the automatic suspension from the award of contracts pending resolution. Held: The automatic suspension under the Regulations should not be lifted. The issue of … Continue reading NATS (Services) Ltd v Gatwick Airport Ltd and Another: TCC 2 Oct 2014
Reference for a preliminary ruling – Directive 92/13/EEC – Procurement procedures for entities operating in the water, energy, transport and telecommunications sectors – Article 1(1) and (3) – Access to procurement procedures appeal – Article 2c – Time limits for lodging an appeal – Calculation – Appeal against a decision to admit a tenderer Citations: … Continue reading Alstom Transport (Judgment): ECJ 24 Feb 2022
ECJ (Judgment Of The Court (Second Chamber)) Failure of a Member State to fulfil obligations – Directives 89/665/EEC and 92/13/EEC – Public supply and public works contracts – Review procedure against a contract award decision – Guarantee of effective review – Minimum period to be ensured between notification to the unsuccessful tenderers of the decision … Continue reading European Commission v Ireland: ECJ 23 Dec 2009
Reference for a preliminary ruling – Directives 89/665/EEC and 92/13/EEC – Public procurement – Review procedures – National legislation making the admissibility of appeals against the acts of a contracting authority subject to giving a ‘good conduct guarantee’ – Charter of Fundamental Rights of the European Union – Article 47 – Right to an effective … Continue reading Star Storage (Judgment): ECJ 15 Sep 2016
The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system. Held: The appeal succeeded. The fees were discriminatory and restricted access to justice. The consequence of the order had been very substantially to reduce the number of cases coming before the tribunal, and: … Continue reading Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017
