{"title":"Proving Compliance with the Condition of Economic Dependence in In-House Contracts","authors":"A. Sołtysińska","doi":"10.21552/epppl/2022/3/5","DOIUrl":"https://doi.org/10.21552/epppl/2022/3/5","url":null,"abstract":"","PeriodicalId":176734,"journal":{"name":"European Procurement & Public Private Partnership Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114910100","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Mind the (Regulatory) Gap:","authors":"A. Meskens","doi":"10.21552/epppl/2022/2/6","DOIUrl":"https://doi.org/10.21552/epppl/2022/2/6","url":null,"abstract":"","PeriodicalId":176734,"journal":{"name":"European Procurement & Public Private Partnership Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132668201","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Correcting Mistakes and Clarifying Ambiguities in Public Procurement Tenders:","authors":"M. Simovart, M. Piirisaar","doi":"10.21552/epppl/2022/3/4","DOIUrl":"https://doi.org/10.21552/epppl/2022/3/4","url":null,"abstract":"","PeriodicalId":176734,"journal":{"name":"European Procurement & Public Private Partnership Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130492650","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Article 47 of the Charter of Fundamental Rights must be interpreted as precluding national legislation which requires a litigant lodging an application for an interlocutory injunction or an action for review to pay flat-rate court fees of an amount impossible to foresee, where the contracting authority has opted for a procedure for the award of a public contract without prior publication of a contract notice or, as the case may be, without subsequent publication of a contract award notice, with the result that it can be impossible for the litigant to ascertain the estimated value of the contract and the number of separately contestable decisions adopted by the contracting authority on the basis of which those fees were calculated. [...]that litigant can be unable to foresee the amount of the flat-rate fees which he or she must pay. 102. […] [...]national legislation which requires a litigant to pay flat-rate court fees of an amount that is impossible to foresee before that person lodges his or her application for an interlocutory injunction or action for review makes it practically impossible or excessively difficult for him or her to exercise his or her right to an effective remedy, and therefore infringes Article 47 of the Charter, including where that amount represents only a tiny fraction of the value of the contract(s) concerned. [...]facing a situation of apparent opacity and no prior publication, the Court decided to directly apply Article 47 of the Charter of Fundamental Rights, even though the Public Procurement Directives alone regulate review procedures in a more restrictive way. The document draws the attention of awarding authorities to the following points: (a.) the rules allowing for negotiated procedure without prior publication are to be interpreted restrictively, (b.) the burden of proof that extraordinary circumstances occur is borne by the contracting authority, (c.) Member States are prohibited from passing national laws that make more flexible the Directives' requirements for public procurement through negotiated procedures without prior publication, (d.) negotiated procedures without prior publication are permitted only under the conditions prescribed by the Directives, and strictly after providing full and special reasoning for the use of such an awarding procedure, (e.) according to Greek law 4412/2016, the conditions prescribed by the Directives for the use of negotiated procedure without prior publication do apply regardless of contract's value, (f.) European Commission has already launched EU PILOT proceedings against Member States for illegally awarding contracts by use of negotiated procedure without prior publication, (g.) obligations arising from Directive 2014/24 article 50, regarding the notification of contract's conclusion, are still valid, (h.) before using negotiated procedure without prior publication, greek public bodies are obliged to ask for Hellenic Single Public Procurement Authority's agreement.
{"title":"Greece ∙ Revisiting the Public Procurement Directives After the Pandemic","authors":"S. Tsevas, K. Hornbanger","doi":"10.21552/epppl/2022/4/8","DOIUrl":"https://doi.org/10.21552/epppl/2022/4/8","url":null,"abstract":"Article 47 of the Charter of Fundamental Rights must be interpreted as precluding national legislation which requires a litigant lodging an application for an interlocutory injunction or an action for review to pay flat-rate court fees of an amount impossible to foresee, where the contracting authority has opted for a procedure for the award of a public contract without prior publication of a contract notice or, as the case may be, without subsequent publication of a contract award notice, with the result that it can be impossible for the litigant to ascertain the estimated value of the contract and the number of separately contestable decisions adopted by the contracting authority on the basis of which those fees were calculated. [...]that litigant can be unable to foresee the amount of the flat-rate fees which he or she must pay. 102. […] [...]national legislation which requires a litigant to pay flat-rate court fees of an amount that is impossible to foresee before that person lodges his or her application for an interlocutory injunction or action for review makes it practically impossible or excessively difficult for him or her to exercise his or her right to an effective remedy, and therefore infringes Article 47 of the Charter, including where that amount represents only a tiny fraction of the value of the contract(s) concerned. [...]facing a situation of apparent opacity and no prior publication, the Court decided to directly apply Article 47 of the Charter of Fundamental Rights, even though the Public Procurement Directives alone regulate review procedures in a more restrictive way. The document draws the attention of awarding authorities to the following points: (a.) the rules allowing for negotiated procedure without prior publication are to be interpreted restrictively, (b.) the burden of proof that extraordinary circumstances occur is borne by the contracting authority, (c.) Member States are prohibited from passing national laws that make more flexible the Directives' requirements for public procurement through negotiated procedures without prior publication, (d.) negotiated procedures without prior publication are permitted only under the conditions prescribed by the Directives, and strictly after providing full and special reasoning for the use of such an awarding procedure, (e.) according to Greek law 4412/2016, the conditions prescribed by the Directives for the use of negotiated procedure without prior publication do apply regardless of contract's value, (f.) European Commission has already launched EU PILOT proceedings against Member States for illegally awarding contracts by use of negotiated procedure without prior publication, (g.) obligations arising from Directive 2014/24 article 50, regarding the notification of contract's conclusion, are still valid, (h.) before using negotiated procedure without prior publication, greek public bodies are obliged to ask for Hellenic Single Public Procurement Authority's agreement.","PeriodicalId":176734,"journal":{"name":"European Procurement & Public Private Partnership Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116944308","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.21552/epppl/2022/2/10
I. Zapatrina
{"title":"Ukraine ∙ Challenges in Attracting the Private Sector to Infrastructure Recovery in Ukraine","authors":"I. Zapatrina","doi":"10.21552/epppl/2022/2/10","DOIUrl":"https://doi.org/10.21552/epppl/2022/2/10","url":null,"abstract":"","PeriodicalId":176734,"journal":{"name":"European Procurement & Public Private Partnership Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114358713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
On 8 July 2021, the Court of Justice of the European Union (‘the Court’) delivered its judgment concerning the interpretation of Articles 18, 58 and 70 of the Directive 2014/24/EU (‘the Directive’)1 following the questions referred by the Lietuvos Aukščiausiasis Teismas (‘the Supreme Court of Lithuania’). In the proceedings before the national courts, Sanresa UAB (‘Sanresa’) was seeking the annulment of the decision of Aplinkos apsaugos departamentas prie Aplinkos ministerijos (‘the Environmental Protection Department under the Ministry of Environment, Lithuania’, or ‘the Department’) to reject its tender on the grounds that it had failed to demonstrate it possesses the right to carry out the subject matter of the public contract.
2021年7月8日，欧盟法院(“法院”)根据Lietuvos Aukščiausiasis Teismas(“立陶宛最高法院”)提出的问题，就2014/24/EU指令(“指令”)1第18条、58条和70条的解释作出了判决。在国家法院的诉讼中，Sanresa UAB(“Sanresa”)寻求撤销applinkos apsaugos departmenas prie applinkos ministijos(“立陶宛环境部下属的环境保护部门”，或“部门”)拒绝其投标的决定，理由是它未能证明自己拥有执行公共合同标的的权利。
{"title":"The Requirement to Obtain Consent from the Relevant Authorities Constitutes a Contract Performance Condition • Case C-295/20 Sanresa","authors":"E. Uysal","doi":"10.21552/epppl/2022/2/9","DOIUrl":"https://doi.org/10.21552/epppl/2022/2/9","url":null,"abstract":"On 8 July 2021, the Court of Justice of the European Union (‘the Court’) delivered its judgment concerning the interpretation of Articles 18, 58 and 70 of the Directive 2014/24/EU (‘the Directive’)1 following the questions referred by the Lietuvos Aukščiausiasis Teismas (‘the Supreme Court of Lithuania’). In the proceedings before the national courts, Sanresa UAB (‘Sanresa’) was seeking the annulment of the decision of Aplinkos apsaugos departamentas prie Aplinkos ministerijos (‘the Environmental Protection Department under the Ministry of Environment, Lithuania’, or ‘the Department’) to reject its tender on the grounds that it had failed to demonstrate it possesses the right to carry out the subject matter of the public contract.","PeriodicalId":176734,"journal":{"name":"European Procurement & Public Private Partnership Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132452085","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.21552/epppl/2022/1/10
P. Ferk
When adopting the amendment, the Ministry of Public Administration explained that after six years of applying the Act, enough time elapsed to test and establish that certain institutes needed updating, especially simplification due to the practice established so far and due to the epidemic. [...]this Act also contains some of the solutions brought by the intervention legislation adopted to mitigate the effects of the Covid epidemic. The amendment was also supported by some political parties, as they emphasised that the previous public procurement system made it impossible for public institutions to procure only locally produced food. [...]a group of MPs supported the principle that food procurement can be exempted as much as possible from the provisions of the public procurement system, thus increasing the share of locally produced food in public institutions.3 To facilitate procurement in the local economy, the thresholds for small-value contracts have been raised from €20,000 to €40,000, and for construction projects from €40,000 to €80,000. According to the amendment at the national level, the small-value contract procedure is allowed in all cases when the publication of a notice in the Official Journal of the EU is not required. A new Article 47a was added, which proposes a solution for publishing the reference price, namely that the contracting authority in public procurement procedures for medical devices and medical equipment publishes a reference price for the purchase of medical devices in the procurement documents and equipment.
{"title":"Slovenia ∙ Legislative Developments of the Slovenian Public Procurement Market in 2021 and January 2022","authors":"P. Ferk","doi":"10.21552/epppl/2022/1/10","DOIUrl":"https://doi.org/10.21552/epppl/2022/1/10","url":null,"abstract":"When adopting the amendment, the Ministry of Public Administration explained that after six years of applying the Act, enough time elapsed to test and establish that certain institutes needed updating, especially simplification due to the practice established so far and due to the epidemic. [...]this Act also contains some of the solutions brought by the intervention legislation adopted to mitigate the effects of the Covid epidemic. The amendment was also supported by some political parties, as they emphasised that the previous public procurement system made it impossible for public institutions to procure only locally produced food. [...]a group of MPs supported the principle that food procurement can be exempted as much as possible from the provisions of the public procurement system, thus increasing the share of locally produced food in public institutions.3 To facilitate procurement in the local economy, the thresholds for small-value contracts have been raised from €20,000 to €40,000, and for construction projects from €40,000 to €80,000. According to the amendment at the national level, the small-value contract procedure is allowed in all cases when the publication of a notice in the Official Journal of the EU is not required. A new Article 47a was added, which proposes a solution for publishing the reference price, namely that the contracting authority in public procurement procedures for medical devices and medical equipment publishes a reference price for the purchase of medical devices in the procurement documents and equipment.","PeriodicalId":176734,"journal":{"name":"European Procurement & Public Private Partnership Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133973289","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.21552/epppl/2023/1/10
J. Thomas
{"title":"INTERNATIONAL AND INTERDISCIPLINARY ∙ A Working Definition of ‘Barriers’ to Small Business in Public Procurement:","authors":"J. Thomas","doi":"10.21552/epppl/2023/1/10","DOIUrl":"https://doi.org/10.21552/epppl/2023/1/10","url":null,"abstract":"","PeriodicalId":176734,"journal":{"name":"European Procurement & Public Private Partnership Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127068223","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Principle of Proportionality:","authors":"C. Risvig Hamer","doi":"10.21552/epppl/2022/3/8","DOIUrl":"https://doi.org/10.21552/epppl/2022/3/8","url":null,"abstract":"","PeriodicalId":176734,"journal":{"name":"European Procurement & Public Private Partnership Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122790340","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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