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The search returned 6 results.

Tenderers May Be Excluded, If the Grounds for Exclusion Are Applicable to Their Subcontractors journal article

Annotation on the Judgment of the Court of Justice of the European Union (Second Chamber) of 30 January 2020 in Case C-395/18 Tim SpA - Direzione e coordinamento Vivendi SA v Consip SpA and Ministero dell'Economia e delle Finanze

Zbigniew Raczkiewicz

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 2, Page 179 - 181

In January 2020 the Court of Justice of the European Union delivered its judgment in Case C-395/18. The Court said that the public procurement regime of the European Union does not preclude exclusion of a tenderer, if the ground for exclusion is applicable to one from its subcontractors. However, such exclusion shall not be automatic.



The Impact of the EU Data Protection Rules on the GPA journal article

Zbigniew Raczkiewicz, Antoine Malherme

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 3, Page 156 - 173

The new rules introduced in the European Union by the General Data Protection Regulation (GDPR) have a tremendous impact on all aspects of our lives, including public procurements. They apply not only to the domestic public procurements but also to the ones covered by international agreements, like the World Trade Organisation’s Agreement on Government Procurement (GPA). It is therefore interesting to analyse what impact the European Union data protection rules have on the application of GPA provisions, in particular if the former do not restrict the latter.



Compensation for Damages Incurred in Irregular Public Procurement Procedure journal article

Annotation on the Judgment of the General Court (Third Chamber, Extended Composition) of 28 February 2018 in Case T-292/15, Vakakis kai Synergates v European Commission.

Zbigniew Raczkiewicz

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 344 - 349

In February 2018 General Court of the European Union delivered a Judgment in Case T-292/15. The Court agreed, partially, with the arguments raised by the Applicant, that the contracting authority (European Commission) committed irregularities in the procurement procedure ‘Consolidation of the Food Safety System in Albania (EuropeAid/129820/C/SER/AL). Consequently, the European Commission has been ordered to pay compensation for the damages suffered by the Applicant in relation to the loss of an opportunity to be awarded the contract and for the costs and expenses related to the participation in the procurement procedure.


Public Procurement within the Framework of a Transatlantic Trade and Investment Partnership journal article

Zbigniew Raczkiewicz

European Procurement & Public Private Partnership Law Review, Volume 11 (2016), Issue 4, Page 263 - 269

Companies established in the EU and the US can currently bid for government contracts awarded by contracting authorities located on the other side of the Atlantic. Nevertheless, not all of them may do so due to various restrictions concerning the value, the scope and the coverage of the contracting authorities. Consequently, the competition is often restricted due to the de jure and de facto preferences for locally-established companies. Upon the successful conclusion of negotiations of TTIP the scope, the size and the value of government contracts open for competition will increase, whereas the number of obstacles will decrease.

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