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The Liability of EU Institutions for Breach of Procurement Rules

Roberto Caranta


EU Courts are very reluctant in allowing damages claims against EU institutions for breach of the procurement rules. This corresponds to a more general trend in the case law on the liability of EU institutions. Concerning procurement, however, this is due first to an inflated notion of discretion, limiting the intensity of review, and second, and possibly more relevant, to a very strict approach to causation which simply ignores loss of chances claims. In this situati


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