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Public Procurement Law

Damages as an Effective Remedy

Editor(s): Duncan Fairgrieve, François Lichère
Media of Public Procurement Law
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Published: 01-11-2011
Format: EPUB eBook (?)
Edition: 1st
Extent: 248
ISBN: 9781847318671
Imprint: Hart Publishing
RRP: £97.20
Online price : £87.48
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About Public Procurement Law

Public procurement represents more than 15 per cent of European GDP and is one of the fastest growing sectors of the European economy. Public procurement law is also developing rapidly, not least in the area of remedies for breach of procurement rules. The aim of this book is to analyse the remedy of damages in public procurement law. The European Directive of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC has reaffirmed the importance of damages as a tool to enforce the proper award of public contracts, but has left the exact architecture of the damages remedy in the hands of the Member States. This book offers an overview of damages liability which is inclusive, coherent and practical, covering the relevant law and jurisprudence from a number of countries across Europe and further afield.

The contributors are high-profile and authoritative commentators on public procurement law, including policy-makers, judges, academics and practitioners.

Table Of Contents

Introduction
Duncan Fairgrieve and François Lichère
I. National Perspectives
1 Damages for Breach of Public Procurement Law: A French Perspective
Nicolas Gabayet
2 Damages and EC Procurement Law: German Perspectives
Martin Burgi
3 Damages under Public Procurement: The Portuguese Case
Vera Eiró and Esperança Mealha
4 Damages Remedy in England & Wales and Northern Ireland
Fiona Banks and Michael Bowsher QC
5 Damages for Breach of Procurement Law: The Dutch Situation
Jan M Hebly and Folkert G Wilman
6 State Liability in Public Procurement: The Case of Italy
Silvia Ponzio
7 The New Remedial Landscape in Public Procurement in Ireland
Catherine Donnelly
II. Transversal Perspectives: Comparing across Legal Systems
8 Basis and Conditions for a Damages Claim for Breach of the EU Public Procurement Rules
Steen Treumer
9 Damages for Breaches of EU Public Procurement Law: Issues of Causation and Recoverable Losses
Roberto Caranta
10 Procedures and Access to Justice in Damages Claims for Public Procurement Breaches
Duncan Fairgrieve and François Lichère
II. External Perspectives on Public Procurement: Beyond Europe
11 Money Damages in the Context of Bid Protests in the United States
Daniel I Gordon and Michael R Golden
12 Remedies for Breaches of Procurement Regulation and the UNCITRAL Model Law on Procurement
Caroline Nicholas

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