- Elgar European Law series
Chapter 4: Redress and remedies in public procurement
THE REMIT OF REDRESS UNDER THE REMEDIES DIRECTIVES In an attempt to complement the substantive Procurement rules enacted by virtue of the Supplies, Works and Services Directives and to provide a system of effective protection of individuals in cases of infringements of their provisions, European Institutions enacted the Compliance Directive on the harmonization of laws, regulations and administrative provisions relating to the application of review procedures in the award of public works and public supply contracts (Directive 89/665 EC).1 To encompass the Utilities procurement rules, Directive 92/132 extends the remedies and review procedures covered by Directive 89/665 to the water, energy, transport and telecommunication sectors. The scope and thrust of the Compliance Directives (set out in Article 1 of Directive 89/665 and Article 1 of Directive 93/13) focuses on the obligation of Member States to ensure effective and rapid review of decisions taken by contracting authorities which infringe public procurement provisions. Undertakings seeking relief from damages in the context of a procedure for the award of a contract should not be treated differently under national rules implementing European public procurement laws and under other national rules. This means that the measures to be taken concerning the review procedures should be similar to national review proceedings, without any discriminatory character. Any person having or having had an interest in obtaining a particular public supply or public works contract and who has been or risks being harmed by an alleged infringement of public procurement provision shall be entitled to seek review...
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