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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 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