“A member state was required to make legislative provision that, where a tenderer offered an abnormally low price in the course of a public procurement process pursuant to Directive 2004/18/EC, the contracting authority was obliged, pursuant to article 55 of the Directive, to ask the tenderer in writing to clarify its price proposal.”
WLR Daily, 29th March 2012
“Regulation 3(2) of the Utilities Contracts Regulations 2006 (‘UCR’) should be construed as if it said that network ‘includes a system operated in accordance’ instead of ‘means a system operated in accordance’. The term ‘contracting authority’ in regulation 2(1) of the UCR and regulation 3(1) of the Public Contracts Regulations 2006 (‘the PCR’) was restricted to domestic bodies only. The fact that an undertaking was able to continue trading only as a result of very substantial state aid did not preclude it from being of an industrial or commercial character within the terms of article 2(1) of Parliament and Council Directive 2004/17/EC.”
WLR Daily, 20th January 2012
“Article 47(2) of Parliament and Council Directive 2004/18/EC (permitting an economic operator participating in a public tendering process for the provision of services to rely on the capacities of other entities, provided that it could prove that it would have at its disposal the resources necessary) did not apply to contracts which had as their object services referred to in Annex IIB of the Directive, such as the provision of surveillance and security services. However member states and, possibly, contracting authorities, could provide for that which article 47(2) permitted in, respectively, their legislation and the documents relating to the contract.”
WLR Daily, 17th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Privater Rettungsdienst und Krankentransport Stadler v Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau (Malteser Hilfdienst eV and another, intervening) (Case C–274/09);  WLR (D) 88
“A contract concerning rescue services under which the operator was fully remunerated by persons other than the contracting authority awarding the contract and which placed a limited operating risk on the operator was classified as a ‘service concession’ within the meaning of article 1(4) of Parliament and Council Directive 2004/18/EC, as distinct from a public contract or public service contract within article 1(2)(a)(d).”
WLR Daily, 10th March 2011
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Companies now have more time to file legal objections to the award of public contracts after Europe’s top court overturned UK procurement law. The Government will have to re-draft its regulations and the ruling will take immediate effect.”
OUT-LAW.com, 1st February 2010
“A parent of school age children could not be classed as an ‘economic operator’ and did not therefore have sufficient standing under European and domestic rules on public procurement to bring a claim for judicial review of a decision of the Secretary State to approve an expression of interest by a sponsor of an academy under s 482 of the Education Act 1996 (as substituted by s 65(1) of the Education Act 2002). The protection conferred by the procurement regime created by the Public Contracts Regulations 2006 (SI 2006/5) could only be invoked in private law proceedings by affected economic operators.”
WLR Daily, 17th February 2009
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.