In the absence of comparable situations, a member state is entitled to choose the time limits within which a public service contract is to be challenged, provided only that it did not make it impossible to challenge and there was no prejudice against non-nationals.
Damages under the Remedies Directive 89/665/EEC were not subject to the Norbrook (Francovich) conditions.
The ‘damages provided by domestic law remain damages on the basis envisaged by Directive (89/665/EEC); but regulation 32(5)(b)(ii) none the less thereby creates a private law, non-discretionary, remedy, because within the national legal order any remedy in damages necessarily has those qualities’.
Citations:
Times 08-Mar-1999, Gazette 08-Apr-1999, [1999] 1 WLR 1646, [1999] EWCA Civ 860, [1999] 1 CMLR 1454
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Norbrook Laboratories v Ministry of Agriculture, Fisheries and Food ECJ 2-Apr-1998
ECJ Directives 81/851/EEC and 81/852/EEC – Veterinary medicinal products – Marketing authorisation . .
Cited by:
Cited – Phonographic Performance Limited v Department of Trade and Industry HM Attorney General ChD 23-Jul-2004
The claimant represented the interests of copyright holders, and complained that the defendant had failed to implement the Directive properly, leaving them unable properly to collect royalties in the music rental market. The respondent argued that . .
Disapproved – Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd) SC 11-Apr-2017
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 05 December 2022; Ref: scu.145775
