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Abstract:
The European directives on public procurement do not contain any specific provisions ensuring their effective application. These provisions can be found in the Public Sector Remedies Directive 89/665/EEC and the Utilities Remedies Directive 92/13/EEC, as these directives have recently been amended by Directive 2007/66/EC. These measures provide means of redress for tenderers who have been prejudiced by a breach of the EU rules on public procurement.
This book combines and links the full texts of the procurement remedies directives with 31 pertinent judgements issued by the Court of Justice of the European Communities. In one easy-to-use volume the book provides:
- full texts of the the Public Sector Remedies Directive and the Utilities Remedies Directive, with the articles of these directives linked to the relevant Court of Justice case law
- in-depth analysis of 31 judgements rendered by the Court of Justice in the period 1993–2008 in connection with subject matter treated by the articles of the two directives
- discussion of major innovations introduced by Amending Directive 2007/66/EC, with analysis of its ratio legis and full text
- excerpts from the chronologically ordered judgments, with each excerpt preceded by an overview of the subject matter and points of law treated in the judgment
- pertinent passages of the opinions of the Advocate General
- an exhaustive subject index.
Contents:
I. The Amending Directive 2007/66/EC
II. The EU Remedies Directives 89/665/EEC and 92/13/EEC
III. Analysis of the Case Law Relating to Provisions of the EU Remedies Directives 89/665/EEC and 92/13/EEC
IV. Judgements Rendered by the Court of Justice in the Period 1993–2008 and Regarding Public Procurement Review Procedures and Remedies
Appendices:
1. Preamble of Amending Directive 2007/66/EC
2 . European Commission – Impact Assessment Report – Remedies in the Field of Public Procurement
3. Relevant Articles of the Treaty Establishing the European Community (EC Treaty)
4. Table of Cases before the European Court of Justice Arranged According to the Date of Judgement
5. Table of Cases before the European Court of Justice Arranged According to their Case Number
6. Alphabetical Table of Cases and Parties
7. Correlation Tables
8. Juxtaposition of the Texts of the Public Procurement Remedies Directives before and after Amending Directive 2007/66/EC
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