Practical Law

November and December’s case digest includes an EFTA Court decision contradicting the test developed by the Supreme Court in Nuclear Decommissioning Authority v Energy Solutions, which may be of interest due to the fact that an EEA-style option under the jurisdiction of the EFTA Court is a possible outcome of the UK’s Brexit negotiations, and two … Continue reading Public procurement case digest (November – December 2017) →

October’s case digest includes an ECJ judgment concerning the methodology of identifying abnormally low tenders, and a High Court ruling considering extensions of time and the dispute timetable in procurement disputes. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases covered, or think that we … Continue reading Public procurement case digest (October 2017) →

August and September’s case digest, after a quiet period for the courts, includes an ECJ ruling holding that a tenderer can be excluded from a tendering procedure when a member of its bidding consortium loses its accreditation from a third party, and a High Court judgment lifting an automatic suspension. Please feel free to submit a comment … Continue reading Public procurement case digest (August-September 2017) →

This post sets out the key developments in public procurement legislation and policy that lawyers need to be aware of and covers the period from June to August 2017. The post does not consider case law as this is covered in our monthly public case digest. For a summary of the latest cases, see Public Procurement case … Continue reading Public procurement policy review: June to August 2017 →

This post sets out the key developments in public procurement legislation and policy that lawyers need to be aware of and covers the period from March to May 2017. The post does not consider case law as this is covered in our monthly public case digest. For a summary of the latest cases, see Public Procurement … Continue reading Public procurement policy review: March to May 2017 →

This post sets out the key developments in public procurement legislation and policy that lawyers need to be aware of and covers the period from December 2016 to February 2017. The post does not consider case law as this is covered in our monthly public case digest. For a summary of the latest cases, see Public … Continue reading Public procurement policy review: December 2016 to February 2017 →

This post sets out the key developments in public procurement legislation and policy that lawyers need to be aware of and covers the period from June to November 2016. The post does not consider case law as this is covered in our monthly public case digest. For a summary of the latest cases, see Public … Continue reading Public procurement policy review: June to November 2016 →

This post sets out the key developments in public procurement legislation and policy that lawyers need to be aware of and covers the period from March to May 2016. The post does not consider case law as this is covered in our monthly public case digest. For a summary of the latest cases, see Public Procurement case … Continue reading Public procurement policy review: March to May 2016 →

This post sets out the key developments in public procurement legislation and policy that lawyers need to be aware of and covers the period from December 2015 to February 2016. The post does not consider case law as this is covered in our monthly public case digest. For a summary of the latest cases, see … Continue reading Public procurement policy review: December 2015 to February 2016 →

This post sets out the key developments in public procurement legislation and policy that lawyers need to be aware of and covers the period from September to November 2015. The post does not consider case law as this is covered in our monthly public case digest. For a summary of the latest cases, see Public … Continue reading Public procurement policy review: September to November 2015 →

Our third post of this year on the key developments in public procurement legislation and policy that lawyers need to be aware of covers the period from June to August 2015. It does not consider case law as this is covered in our monthly public procurement case digest. For a summary of the latest cases, … Continue reading Public procurement legislation and policy review: June – August 2015 →

March’s case digest includes an ECJ preliminary ruling on the effect of bias on the award of a public contract and the right to bring a challenge out of time, and a General Court decision annulling certain tender decisions taken by the European Aviation Safety Agency. Please feel free to submit a comment below or send us … Continue reading Public procurement case digest (March 2015) →

February’s case digest includes two High Court cases considering the lifting of automatic suspensions on contract awards for services. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases covered, or think that we have missed a case that should be brought to the … Continue reading Public procurement case digest (February 2015) →

Our first post of this year on the key developments in public procurement legislation and policy that lawyers need to be aware of covers the period from December 2014 to February 2015. It does not consider case law as this is covered in our monthly public procurement case digest. For a summary of the latest … Continue reading Public procurement legislation and policy review: December 2014 to February 2015 →

January’s case digest includes a High Court judgment considering if a bidder can be prevented from claiming damages due to a failure to challenge before the end of the standstill period. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases covered, or think … Continue reading Public procurement case digest (January 2015) →

December’s case digest includes an ECJ ruling on the compatibility with the EU rules of national law governing participation in procurement procedures, an Advocate General’s opinion on the interpretation of award criteria under Directive 2004/18, and the European Ombudsman rejecting a further complaint about the CJEU’s inclusion of an educational requirement in its tenders for translators. … Continue reading Public procurement case digest (December 2014) →

November’s case digest includes a number of rejected appeals against European procurement decisions by the General Court, and an ECJ ruling regarding the exclusion of an economic operator from a procurement procedure due to inaccurate documentation. Please feel free to submit a comment below or send us an Ask query if you have any views … Continue reading Public procurement case digest (November 2014) →

Our fourth post of 2014 on the key developments in public procurement legislation and policy that lawyers need to be aware of covers the period from September to November 2014. It does not consider case law as this is covered in our monthly public procurement case digest. For a summary of the latest cases, see … Continue reading Public procurement legislation and policy review: September- November 2014 →

October’s case digest includes a number of applications to lift automatic suspensions (including one failure!), as well as details of a bad month for EU institutions being investigated by the European Ombudsman. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases covered … Continue reading Public procurement case digest (October 2014) →

After taking a break for August, due to lack of published cases, we start autumn with a flurry of interesting cases on imposing the national minimum wage on contractors in other member states, invalid VEAT notices, the perils of checking the accuracy of what your bidders say,  and reference projects in assessing technical capability. Please … Continue reading Public procurement case digest (September 2014) →

Our third post of 2014 on the key developments in public procurement legislation policy that lawyers need to be aware of covers the period from June to August 2014. It does not consider case law as this is covered in our monthly public procurement case digest. For a summary of the latest cases, see Public … Continue reading Public procurement legislation and policy review: June- August 2014 →

July 2014 saw public procurement making an appearance in the Supreme Court, which considered what a “reasonably well-informed and normally diligent” tenderer actually is.   In a busy month, other issues considered by the courts included automatic suspension, development agreements and cross border interests. Please feel free to submit a comment below or send us an … Continue reading Public procurement case digest (July 2014) →

June was a relatively quiet month for public procurement case law. Top of the bill was the ECJ considering (and rejecting) an attempt to extend the Teckal in-house exception to cover joint ventures between public authorities and charities. Please feel free to submit a comment below or send us an Ask query if you have … Continue reading Public procurement case digest (June 2014) →

May was a busy month for public procurement case law, with this month’s digest covering decisions on automatic suspension, the requirements for particulars of claim, in-house contract award and limitation periods, as well as an Advocate General’s opinion on development projects. Please feel free to submit a comment below or send us an Ask query … Continue reading Public procurement case digest (May 2014) →

Our second post of 2014 on the key developments in public procurement policy lawyers need to be aware of covers the period from March to May 2014. It does not consider case law as this is covered in our monthly public procurement case digest. For a summary of the latest cases, see Public procurement case … Continue reading Public procurement policy review: March 2014 – May 2014 →

After taking a rest in March, due to a lack of published decisions, our public procurement case digest is back. In this month’s digest: The General Court considers the obligation to provide debrief information, and the ability to reject a tender which does not comply with the contracting authority’s submission formalities. The Advocate General issues … Continue reading Public procurement case digest (April 2014) →

Our first post of 2014 on key developments in public procurement policy that lawyers advising in this area need to be aware of covers the period from December 2013 to February 2014. It does not consider case law, which is covered in our monthly public procurement case digest. For a summary of the latest cases, … Continue reading Public procurement policy review: December 2013 – February 2014 →

In this month’s digest another automatic suspension is lifted, the courts consider the best value requirements when taking a service in-house and the Advocate General has again been considering the in-house exception. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases covered … Continue reading Public procurement case digest (February 2014) →

In this month’s digest the Advocate General has been considering whether the in-house exception, something the new directives seek to codify, should be extended. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com if you have any views on the cases covered or think that we have missed a case that … Continue reading Public procurement case digest (January 2014) →

This post looks back at some of the key developments in public procurement in 2013 and highlights the impact these developments (and others that are expected) are likely to have in 2014. If you are particularly interested in any expected development in this area expected in 2014 (whether set out below or not) please do not hesitate … Continue reading Public procurement: review of 2013 and preview of 2014 →

The final case digest for 2013 sees confirmation that an ALMO qualifies for the Teckal exception alongside several reports from Europe on technical public procurement issues. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com if you have any views on the cases covered or think that we have missed a … Continue reading Public procurement case digest (December 2013) →

This month sees two apparently conflicting cases on how a contracting authority should deal with a mistake made by a provider when submitting their tender. The ECJ has also confirmed the application of the EU principle of transparency to service concession contracts. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com … Continue reading Public procurement case digest (November 2013) →

In our final post of the year on the key developments in public procurement policy that lawyers should be aware of the focus is on the reforms to the public procurement regime, which were due to be adopted in early December 2013.  This post does not consider case law, which is covered in our monthly … Continue reading Public procurement policy review: September – November 2013 →

Practical Law Public Sector reports: The headlines in October were dominated by a dispute between Covanta Energy Ltd and Merseyside Waste Disposal Authority which has led to an injunction being granted at the end of a seven-year procurement process and also the court considering an application for early disclosure. Please feel free to submit a comment below … Continue reading Public procurement case digest (October 2013) →

Practical Law Public Sector reports: The most notable case in the last two months concerned a subsidy provided to a private company for a construction project, which the ECJ held to be in breach of the procurement rules. The ECJ also provided more clarity on how to determine whether an organisation that carries out a public service … Continue reading Public procurement case digest (August – September 2013) →

Our third post on key developments in public procurement policy that lawyers advising in this area need to be aware of covers the period from June to August 2013. It does not consider case law, which is covered in our monthly public procurement case digest. For a summary of the latest cases, see Public procurement … Continue reading Public procurement policy review: June – August 2013 →

PLC Public Sector reports: With desks being cleared before the Summer holidays, July was a busy month for procurement case law with UK decisions on specific disclosure, limitation periods and amending claim forms and the latest from the ECJ on development agreements. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com … Continue reading Public procurement case digest (July 2013) →

PLC Public Sector reports: The key decision in our June 2013 case digest may have implications for contracting authorities exploring options to share services. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com if you have any views on the cases covered or think that we have missed a case that … Continue reading Public procurement case digest (June 2013) →

PLC Public Sector reports: Following a quiet month, our May 2013 case digest reviews a case on the application of the Treaty principles to specific procurement requirements and takes a look back at the year to date. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com if you have any views … Continue reading Public procurement case digest (May 2013) →

PLC Public Sector reports: Our second post on key developments in public procurement policy that lawyers advising in this area need to be aware of covers the period from February – May 2013.  It does not consider case law, which is covered in our monthly public procurement case digest, for a summary of the latest … Continue reading Public procurement policy review: February – May 2013 →

  PLC Public Sector reports: Our April 2013 case digest includes cases on the structure of evaluation processes, disclosure in procurement disputes and the application of the procurement regime to development agreements. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com if you have any views on the cases covered or … Continue reading Public procurement case digest (April 2013) →

PLC Public Sector reports: Our March 2013 case digest includes the latest on the courts’ approach to deciding whether the disclosure of the award criteria for a procurement has complied with the requirements for transparency and equal treatment. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com if you have any … Continue reading Public procurement case digest (March 2013) →

  PLC Public Sector reports: Our February 2013 case digest includes details of the decision in Montpellier Estates Ltd v Leeds City Council, where the High Court considered a challenge to the Council’s decision to abandon its competitive dialogue and instead proceed with its public sector comparator. Please feel free to submit a comment below … Continue reading Public procurement case digest (February 2013) →

PLC Public Sector reports: This is the first of a new series of posts on key developments in public procurement policy in the UK that lawyers advising in this area need to be aware of.  It will not consider case law, which is covered in our monthly public procurement case digest. In this first edition, … Continue reading Public procurement policy review: 2013 so far →

  PLC Public Sector reports: Our January 2013 case digest includes the latest on cases concerning undertakings in damages in public procurement claims and the interaction of the information law and public procurement regimes. Readers may also be interested in our digest of cases from 2012, which provides links to all of our public procurement … Continue reading Public procurement case digest (January 2013) →

PLC Public Sector reports: This post provides links to all of our public procurement case digests for 2012, with details of the key cases covered in each of the posts. Links to our full updates on these cases can be found in the individual digest posts.

PLC Public Sector reports: Our December 2012 case digest includes an update on the latest cases on taking account of service user choice and the difference between selection and award criteria. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com if you have any views on the cases covered or think … Continue reading Public procurement case digest (December 2012) →

PLC Public Sector reports: Our November case digest focuses on the clarity of selection criteria; when an authority can seek clarification of a tender; and joint control for the Teckal test. Please feel free to submit a comment below or contact us at: feedback@practicallaw.com if you have any views on the cases covered or think … Continue reading Public procurement case digest (November 2012) →