Consultation on the impact of procurement law challenges

The European Commission is consulting on the effectiveness of the remedies available to tenderers in the context of breaches of public procurement law.

The Remedies Directive allows actions to be brought in respect of both pre-contractual and post-contractual remedies. Pre-contractual remedies are intended to correct breaches of the procurement process and may include the requirement to suspend the award procedure whilst the matter is being investigated. Post-contractual remedies may include a declaration of ineffectiveness and/or the provision of damages.

The consultation is open to any group but contributions are particularly sought from contracting authorities, review bodies and tenderers. The Northern Irish courts are frequently at the forefront of procurement law challenges often leading the way in terms of judicial interpretation of procurement law; as such it is important that both public and private Northern Irish stakeholders to the procurement process partake in this European Commission consultation. 

The consultation closes on 20 July 2015. Responses can be submitted by way of an online questionnaire, accessible here.

If you have any queries on the consultation or procurement law generally, please contact a member of the Public & Regulatory team at A&L Goodbody.

Date published: 12 June 2015