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Gesellschaft fur Abfallentsorgungs-Technik GmbH (GAT) v Osterreichische Autobahnen und Schnellstrassen AG (OSAG): ECJ 19 Jun 2003

Europa Reference for a preliminary ruling – Public contracts – Directive 89/665/EEC – Review procedures concerning the award of public contracts – Power of the body responsible for review procedures to consider infringements of its own motion – Directive 93/36/EEC- Procedures for the award of public supply contracts – Selection criteria – Award criteria Citations: … Continue reading Gesellschaft fur Abfallentsorgungs-Technik GmbH (GAT) v Osterreichische Autobahnen und Schnellstrassen AG (OSAG): ECJ 19 Jun 2003

Carbotermo SpA, Consorzio Alisei v Comune di Busto Arsizio,AGESP SpA: ECJ 11 May 2006

ECJ Opinion – Directive 93/36/EEC – Public supply contracts – Award of contract without a call for tenders – Award of the contract to an undertaking in which the contracting authority has a shareholding. Judges: Stix-Hackl AG Citations: C-340/04, [2006] EUECJ C-340/04, [2006] 3 CMLR 7 Links: Bailii Statutes: Directive 93/36/EEC Jurisdiction: European Cited by: … Continue reading Carbotermo SpA, Consorzio Alisei v Comune di Busto Arsizio,AGESP SpA: ECJ 11 May 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

EVN AG et Wienstrom GmbH v Republik Osterreich: ECJ 4 Dec 2003

ECJ Directive 93/36/EEC – Public supply contracts – Concept of the most economically advantageous tender – Award criterion giving preference to electricity produced from renewable energy sources – Directive 89/665/EEC – Public procurement review proceedings – Unlawful decisions – Possibility of annulment only in the case of material influence on the outcome of the tender … Continue reading EVN AG et Wienstrom GmbH v Republik Osterreich: ECJ 4 Dec 2003

Unitron Scandinavia and 3-S etc v Ministeriet for Fdevarer, Landbrug og Fiskeri: ECJ 18 Nov 1999

ECJ Public supply contracts – Directive 93/36/EEC – Award of public supply contracts by a body other than a contracting authority Judges: L Sevon, P Citations: C-275/98, [1999] EUECJ C-275/98, [1999] ECR I-8291 Links: Bailii Statutes: Directive 93/36/EEC Cited by: Cited – SIAC Construction v County Council of the County of Mayo ECJ 18-Oct-2001 ECJ … Continue reading Unitron Scandinavia and 3-S etc v Ministeriet for Fdevarer, Landbrug og Fiskeri: ECJ 18 Nov 1999

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 Italy: ECJ 17 Jul 1997

ECJ Judgment – Failure to fulfil obligations – Directive 93/36/EEC – Failure to transpose within the prescribed period Citations: C-43/97, [1997] EUECJ C-43/97 Links: Bailii Statutes: Directive 93/36/EEC European Updated: 03 June 2022; Ref: scu.162040

SIAC Construction v County Council of the County of Mayo: ECJ 18 Oct 2001

ECJ Public works contracts – Award to the most economically advantageous tender – Award criteria.There was a disagreement between the parties as to the interpretation of tender documents. Held: The award criteria must be formulated, in the contract documents or the contract notice, in such a way as to allow all reasonably well-informed and normally … Continue reading SIAC Construction v County Council of the County of Mayo: ECJ 18 Oct 2001

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

Tachie and Others v Welwyn Hatfield Borough Council: QBD 13 Dec 2013

The three appellants each challenged decisions refusing their homelessness reviews, saying that the decisions had been made by outside contracters and were unlawful. Held: The company was a subsidiary of the Council, and the Teckal exception clearly applied because of the Council’s control: ‘the focus must be on the nature of the arrangements between the … Continue reading Tachie and Others v Welwyn Hatfield Borough Council: QBD 13 Dec 2013

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

Commission v Greece C-489/06: ECJ 20 Nov 2008

(Law Relating To Undertakings) Opinion – Failure of a Member State to fulfil obligations Free movement of goods Directives 93/36/EEC and 93/42/EEC Hospital purchase of medical devices bearing the CE marking Protective measures Public supply contract Citations: C-489/06, [2008] EUECJ C-489/06 – O Links: Bailii Jurisdiction: European Cited by: Opinion – Commission v Greece C-489/06 … Continue reading Commission v Greece C-489/06: ECJ 20 Nov 2008

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 Greece C-489/06: ECJ 19 Mar 2009

Failure of a Member State to fulfil obligations Directives 93/36/EEC and 93/42/EEC Public contracts Procedures for the award of public supply contracts Hospital supplies Citations: [2009] EUECJ C-489/06 Links: Bailii Jurisdiction: European Citing: Opinion – Commission v Greece C-489/06 ECJ 20-Nov-2008 (Law Relating To Undertakings) Opinion – Failure of a Member State to fulfil obligations … Continue reading Commission v Greece C-489/06: ECJ 19 Mar 2009

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

Home Office v Tariq: SC 13 Jul 2011

The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .