Damages in EU Public Procurement Law

✍ Scribed by Hanna Schebesta (auth.)

Publisher: Springer International Publishing
Year: 2016
Tongue: English
Leaves: 244
Series: Studies in European Economic Law and Regulation 6
Edition: 1
Category: Library

No coin nor oath required. For personal study only.

✦ Synopsis

The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.

✦ Table of Contents

Front Matter....Pages i-xiv
Introduction....Pages 1-10
Front Matter....Pages 11-11
The EU Public Procurement Policy Field....Pages 13-30
The CJEU’s Approach to Damages Under General EU Law....Pages 31-50
Sources of EU Procurement Law and Damages....Pages 51-72
Front Matter....Pages 73-73
Case Study: The Netherlands....Pages 75-93
Case Study: The United Kingdom....Pages 95-116
Case Study: Germany....Pages 117-136
Case Study: France....Pages 137-152
Front Matter....Pages 153-153
Issue Based Analysis of Public Procurement Damages....Pages 155-182
Quantification of Claimable Losses....Pages 183-204
The Iridescence of the Lost Chance Doctrine in Damages Claims....Pages 205-223
Front Matter....Pages 225-225
Conclusions....Pages 227-235

✦ Subjects

European Law; Private International Law, International & Foreign Law, Comparative Law; Civil Law

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