Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 19 (2024), Issue 1, Page 1 - 4

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 19 (2024), Issue 2, Page 104 - 109

The Remedies Directives leave Member States with a wide discretion as to the creation of the appropriate forum to receive complaints and legal actions against decisions of contracting authorities and utilities, as well as action for damages in public procurement cases. Recent developments allow the recovery of loss of opportunities, in addition to costs and losses of profit as grounds of damages claims against contracting authorities. Key words: public procurement damages, opportunities recovery, access to justice

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 19 (2024), Issue 2, Page 87 - 90

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 1, Page 1 - 5

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 4, Page 207 - 210

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 3, Page 159 - 163

Christopher Bovis, Deividas Soloveičik

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 2, Page 112 - 120

Traditionally and through the evolution of the Public Procurement acquis, works contracts subsidised directly by more than 50% by Member States could fall within the scope of the Works Directive.1 Works that were not subsidised directly, or for less than 50%, fell outside of this anti-circumvention provision. Not all subsidised works fall within the scope of public procurement regulation: only civil engineering works, such as the construction of roads, bridges and railways, as well as building work for hospitals; facilities intended for sports, recreation and leisure; and university buildings and buildings used for administrative purposes are referred to as ‘subsidised works contracts’.2 That list was exhaustive. The Works Directive did not apply to works contracts which are declared secret or the execution of which must be accompanied by special security measures3 in accordance with the laws, regulations or administrative provisions in force in the Member State concerned; nor does the Directive apply to works contracts when the protection of the basic interests of the Member States’ security so required. Finally, the Works Directive did not apply to public works contracts awarded in pursuance of certain international agreements;4 nor did the Directive apply to public works contracts awarded pursuant to the particular procedure of an international organisation5 such as NATO, which has their own rules on the awarding of public works contracts. The new codified Public Sector Directive has introduced a series of new concepts that are the product of jurisprudential inferences and policy refining of the previous legal regimes. They intend to modernise public purchasing, aligning the procurement of government and its agencies with those of utilities that operate in more commercially-oriented environments. Keywords: abnormally low tender; predatory pricing; subsidies

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 2, Page 95 - 98

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 4, Page 235 - 236

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 1, Page 1 - 2