Zbigniew Raczkiewicz

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 1, Page 70 - 74

The public procurement scoreboard 2018, published July 2019, shows how the Member States of the European Union are performing in selected aspects of public procurement. This article offers an overview of how the scoreboard works and analyses some of its results in light of official criteria.

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.

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.

Zbigniew Raczkiewicz

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 3, Page 229 - 233

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.

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.