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Felix Swoboda GmbH v Osterreichische Nationalbank: ECJ 14 Nov 2002

(Judgment) Public service contracts – Directive 92/50/EEC – Scope ratione materiae – Moving offices of a central bank – Contract relating to both services listed in Annex I A to Directive 92/50 and services listed in Annex I B to that directive – Predominance in value terms of services listed in Annex I B Citations: … Continue reading Felix Swoboda GmbH v Osterreichische Nationalbank: ECJ 14 Nov 2002

Montpellier Estates Ltd v Leeds City Council: QBD 24 Jun 2010

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

Luck T/A G Luck Arboricultural and Horticultural v London Borough of Tower Hamlets: CA 30 Jan 2003

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

Commission v Greece French Text: ECJ 27 Oct 2011

ECJ Failure to fulfill obligations – Directives 92/50/EEC and 2004/18/EC – Public service contracts – Additional Services cadastre and urban development – Negotiated procedure without prior publication of a contract notice Citations: C-601/10, [2011] EUECJ C-601/10 Links: Bailii Statutes: Directive 92/50/EEC European Updated: 26 September 2022; Ref: scu.448328

Club Hotel Loutraki and Others: ECJ 29 Oct 2009

ECJ (Law Relating To Undertakings) Opinion – Public contracts – Contract for the sale of shares and a service component – Classification Procedure for the award of public contracts – National legislation prohibiting individual actions by one of the members of a public service temporary association without legal personality – Revival of jurisprudence. Judges: Sharpston … Continue reading Club Hotel Loutraki and Others: ECJ 29 Oct 2009

Commission v Germany – C-480/06: ECJ 19 Feb 2009

ECJ (Law Relating To Undertakings) – Opinion – Public service contracts Scope of Directive 92/50/EEC Procedure for the award of public service contracts Technical reasons Judges: Mazak AG Citations: C-480/06, [2009] EUECJ C-480/06 – O Links: Bailii Jurisdiction: European Cited by: Opinion – Commission v Germany – C-480/06 ECJ 9-Jun-2009 Failure by a Member State … Continue reading Commission v Germany – C-480/06: ECJ 19 Feb 2009

Assitur Srl v Camera di Commercio, Industria, Artigianato e Agricoltura di Milano (Law Relating To Undertakings): ECJ 10 Feb 2009

ECJ Public service contracts Directive 92/50/EEC Article 29 National legislation precluding the simultaneous participation in a tendering procedure of undertakings which are linked by a relationship of control as defined by Article 2359 of the Italian Civil Code Proportionality. Citations: C-538/07, [2009] EUECJ C-538/07 – O, [2009] EUECJ C-538/07 Links: Bailii, Bailii European Updated: 23 … Continue reading Assitur Srl v Camera di Commercio, Industria, Artigianato e Agricoltura di Milano (Law Relating To Undertakings): ECJ 10 Feb 2009

Azienda Ospedaliero-Universitaria di Careggi-Firenze v Data Medical Service: ECJ 18 Dec 2014

ECJ Judgment – Reference for a preliminary ruling – Public service contracts – Directive 92/50/EEC – Articles 1(c) and 37 – Directive 2004/18/EC – First subparagraph of Article 1(8) and Article 55 – Concepts of ‘service provider’ and ‘economic operator’ – Public university hospital – Entity with legal personality and business and organisational autonomy – … Continue reading Azienda Ospedaliero-Universitaria di Careggi-Firenze v Data Medical Service: ECJ 18 Dec 2014

Lianakis and Others v Alexandroupolis and Others (Law Relating To Undertakings): ECJ 24 Jan 2008

ECJ Directive 92/50/EEC Public service contracts Carrying out of a project in respect of the cadastre, town plan and implementing measure for a residential area Criteria which may be accepted as ‘criteria for qualitative selection’ or ‘award criteria’ Economically most advantageous tender Compliance with the award criteria set out in the contract documents or contract … Continue reading Lianakis and Others v Alexandroupolis and Others (Law Relating To Undertakings): ECJ 24 Jan 2008

Bayerischer Rundfunk and Others (Law Relating To Undertakings): ECJ 6 Sep 2007

ECJ Directives 92/50/EEC and 2004/18/EC Public service contracts – Public broadcasting bodies – Contracting authorities Bodies governed by public law Condition that the activity of the institution be ‘financed, for the most part, by the State’ Citations: C-337/06, [2007] EUECJ C-337/06 Links: Bailii Statutes: Directive 92/50/EEC, Directive 2004/18/EC European Updated: 11 July 2022; Ref: scu.259238

Commission v France: ECJ 20 Oct 2005

ECJ Failure of-State – Public procurement – Directive 92/50/EEC – Procedures for the award of public service contracts – Freedom to provide services – Agency of d-delegated project – Persons to whom may be entrusted with the task of control -delegated project – Exhaustive list of legal persons under French law Judges: A. Rosas Citations: … Continue reading Commission v France: ECJ 20 Oct 2005

Stadt Halle, RPL Recyclingpark Lochau GmbH v Arbeitsgemeinschaft Thermische Restabfall- und Energieverwertungsanlage TREA Leuna: ECJ 11 Jan 2005

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

Commission v Germany (Law Relating To Undertakings): ECJ 10 Apr 2003

ECJ 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: C-28/01, [2003] EUECJ C-28/01 Links: Bailii Statutes: Directive 92/50/EEC Jurisdiction: European Administrative … Continue reading Commission v Germany (Law Relating To Undertakings): ECJ 10 Apr 2003

HI Hospital Ingenieure Krankenhaustechnik PlanungsgesmbH: ECJ 18 Jun 2002

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

Teckal Srl v Comune di Viano, Azienda Gas-Acqua Consorziale (AGAC) di Reggio Emilia: ECJ 18 Nov 1999

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

Commission v Austria (Law Relating To Undertakings): ECJ 10 Nov 2005

Failure of a Member State to fulfil obligations – Articles 8, 11(1) and 15(2) of Directive 92/50/EEC – Procedure for the award of public service contracts – Contract relating to waste disposal – Absence of call for tenders Citations: [2005] EUECJ C-29/04 Links: Bailii Jurisdiction: European Local Government, Commercial Updated: 23 May 2022; Ref: scu.234702

Commission v Belgium C-252/01: ECJ 16 Oct 2003

(Judgment) Failure by a Member State to fulfil its obligations – Procedures for the award of public service contracts – Directive 92/50/EEC – Renewal of a contract for surveillance of the Belgian coast by aerial photography Citations: C-252/01, [2003] EUECJ C-252/01 Links: Bailii Jurisdiction: European Administrative Updated: 30 April 2022; Ref: scu.187154

Oftalma Hospital v Commissione Istituti Ospitalieri Valdesi: ECJ 19 Apr 2018

Public Service Contracts – Health and Social Services – Judgment – Reference for a preliminary ruling – Public service contracts – Health and social services – Award contrary to the rules on public procurement – Requirement to comply with the principles of transparency and equal treatment – Concept of ‘certain cross-border interest’ – Directive 92/50/EEC … Continue reading Oftalma Hospital v Commissione Istituti Ospitalieri Valdesi: ECJ 19 Apr 2018

Club Hotel Loutraki and Others: ECJ 6 May 2010

Directive 92/50/EEC Public service contracts Service concessions Mixed contract – Contract including the transfer of a block of shares in a public casino business – Contract under which the contracting authority entrusts to the contracting undertaking the management of a casino business and the execution of a development plan consisting in upgrading the casino premises … Continue reading Club Hotel Loutraki and Others: ECJ 6 May 2010

Commission v Germany – C-480/06: ECJ 9 Jun 2009

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

Jivraj v Hashwani: SC 27 Jul 2011

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

Brent London Borough Council and Others v Risk Management Partners Ltd: SC 9 Feb 2011

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

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

Concordia Bus Finland: ECJ 17 Sep 2002

Public service contracts in the transport sector – Directives 92/50/EEC and 93/38/EEC – Contracting municipality which organises bus transport services and an economically independent entity of which participates in the tender procedure as a tenderer – Taking into account of criteria relating to the protection of the environment to determine the economically most advantageous tender … Continue reading Concordia Bus Finland: ECJ 17 Sep 2002

ATI EAC and Others (Law Relating To Undertakings): ECJ 24 Nov 2005

ECJ Public service contracts – Directives 92/50/EEC and 93/38/EEC – Award criteria – The economically most advantageous tender – Observance of award criteria set out in the contract documents or the contract notice – Establishment of subheadings for one of the award criteria in the contract documents or the contract notice – Decision to apply … Continue reading ATI EAC and Others (Law Relating To Undertakings): ECJ 24 Nov 2005

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

Asociacion Profesional De Empresas De Reparto Y Manipulado De Correspondencia v Administracion General del Estado: ECJ 18 Dec 2007

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

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