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Special Issue on the Legal Remedies and Implications from the Fosen-Linjen Case ∙ Damages in EU Public Procurement Law: Journal Artikel

Fosen-Linjen Can Hardly Be the Last Chapter

Roberto Caranta

European Procurement & Public Private Partnership Law Review, Jahrgang 14 (2019), Ausgabe 4, Seite 214 - 221

In the past the Court of Justice has sent contradictory signals on whether (a) the liability for breach of public procurement and concession rules is just one instance of the general doctrine of Member States liability for breach of EU law or, on the contrary, (b) it is regulated by special rules derived from the interpretation of Directive 89/665/EEC. The Fosen-Linjen saga shows that choosing one alternative over the other will generate very different outcomes in terms of liability. It is argued that relying on a fuzzy condition such as manifest and serious breach might end up leaving too much margin of choice to the national courts to the detriment of effective judicial protection and it is suggested that the matter is further addressed by the Court of Justice and possibly by the EU law-makers. Keywords: Remedies; Liability; Manifest and serious breach.


EU Public Procurement Law: Purchasing Beyond Price in the Age of Climate Change Journal Artikel

Beatriz Martinez Romera, Roberto Caranta

European Procurement & Public Private Partnership Law Review, Jahrgang 12 (2017), Ausgabe 3, Seite 281 - 292

Climate change is an urgent matter, which calls for considering the potential, opportunities and challenges of public procurement for combating it. This article analyses the role that public purchasing plays in achieving and enhancing climate change mitigation in the EU, and delves into the specific climate and procurement legal framework after the 2015 Paris Agreement and the 2014 Procurement Directive. The EU rules are analysed to understand the evolution of environmental concerns, specifically climate change, in EU public procurement law over the last twenty years. The article shows how climate change may be accommodated in the light of these two developments, most crucially, under the 2014 procurement reform, which has happened against a backdrop of ongoing tensions between concerns for the proper functioning of the internal market and calls stressing the imperatives of sustainability.


After Spezzino (Case-C-113/13): A Major Loophole Allowing Direct Awards in the Social Sector Journal Artikel free

Roberto Caranta

European Procurement & Public Private Partnership Law Review, Jahrgang 11 (2016), Ausgabe 1, Seite 14 - 21

In Spezzino the Court of Justice green lighted direct award of social service contracts to not-for-profit organisations. It is submitted that in allowing direct award the judgment is unnecessarily stretching the thin EU internal market law, since social considerations would have been met by simply setting off contracts for those specific market operators. The judgment also imposes a line of reasoning which is inconsistent with the one followed in the meantime in Directive 2014/24/EU and will have an impact on the implementation of the new directive making it more difficult.


The Liability of EU Institutions for Breach of Procurement Rules Journal Artikel

Roberto Caranta

European Procurement & Public Private Partnership Law Review, Jahrgang 8 (2013), Ausgabe 3, Seite 238 - 247

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


Helping Public Procurement Go Green: The Role of International Organisations Journal Artikel

Roberto Caranta

European Procurement & Public Private Partnership Law Review, Jahrgang 8 (2013), Ausgabe 1, Seite 49 - 54

Greening public procurement involves more than just changes in the legislation, it requires changes in procurement practices. Three issues appear to be particularly significant: The greening of technical specifications, the development of life-cycle methodologies, and, at the organisational level, training of public officials. International organisations, and notably UNEP, UNOPS, ILO and ITC-ILO, have played and are playing a relevant role here.

 

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