Blog
C-379/98 – PreussenElektra: State Aid, Climate Change and its Relationship to Public Procurement
The case summary has been authored by PurpLE project postdoc Olga Giakouminaki and SAPIENS Network PhD student Federica Muscaritoli. Associate professors Marta Andhov and Willem Janssen have performed a review and editorial work. PreussenElektra case clarified the...
C-263/19 : Liability for EU law breaches on modifying a public contract during its performance
Case C-263/19 concerned contract modification and liability for modifications that infringe the rules of EU public procurement law. The CJEU ruled that national authorities have the competence to sanction both parties to a public procurement contract in light of the assessment of their individual contribution to a modification made in breach of EU law.
Increasing Appeal Fees – A Disproportionate (and Unconstitutional?) Amendments to the Croatian Public Procurement Act
In this blog, associate professor Marko Turudic (Faculty of Law, University of Zagreb) comments on the newest amendments to the Croatian Public Procurement Act and criticises the dramatic increase in appeal fees.
Firstly, he provides readers with a brief overview of changes brought by the amendments as well as the national political context in which they were adopted. Secondly, he shortly explains the public procurement remedies system in Croatia. Thirdly, he analyses the increase of appeal fees and discusses whether such changes are disproportional or even unconstitutional. He concludes that the newest fee appeal increase strongly discourages appellants and might result in more illegal public procurement procedures.
C-285/18: Overlapping public contracts
Summary of the Case C‑285/18 Irgita and the national court’s response to the CJEU’s judgement Authored by: PhD student Magdalena Maria Socha Reviewed by: Associate Professor Willem Janssen Introduction In the Irgita[1] case, the Court of Justice of the European Union...
C-385/02: The contracting authorities’ discretion regarding direct awards?
In the C-385/02, COMMISSION V ITALY, the CJEU extensively answered questions concerning the contracting authorities’ discretion when awarding a contract directly. In doing so, the CJEU stipulated conditions to be satisfied when a direct award is chosen due to technical reasons. Furthermore, it showcased the judicial approach to determining whether the state of urgency is actual and grounded or purely illusory. Lastly, this judgment reaffirms that the Public Works Contracts Directive derogating provisions are to be interpreted strictly.
PurpLE Launch Seminar Overview
On September 9th, 2022, Public procurement professionals from Denmark and from around Europe gathered to hear more about the PurpLE project and give their feedback on the planned scope of the research that will be thoroughly researched during the next three years.