Marko Turudić

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 3, Page 226 - 229

Marko Turudić

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 1, Page 14 - 22

Under Directive 1989/665/EEC, locus standi in public procurement remedies is recognised to at least any person having or having had an interest in obtaining a particular contract and who has been or risks being harmed by an alleged infringement. The Croatian Public Procurement Act does not diverge from this definition. The Court of Justice of the European Union (CJEU) has established expansive and detailed case-law on locus standi, and in particular on what is to be considered a ‘particular contract’ under Article 1(3) of Directive 1989/665/EEC. Unfortunately, the case-law of the State Commission for Supervision of Public Procurement Procedures (DKOM) and of the High Administrative Court of the Republic of Croatia (VUSRH) established a much narrower interpretation. This paper aims to analyse relevant case-law of the CJEU, DKOM and VUSRH and explain how has this narrow interpretation of ‘particular contract’ affected the availability of public procurement remedies in Croatia. Keywords: public procurement remedies, locus standi, interpretation of particular contract

Veerle Pissierssens, Gauthier van Thuyne

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 3, Page 240 - 245

Recent Belgian case law puts a spotlight on the risks of not respecting rules regarding publication and infringements of the principles of transparency, non-discrimination and equal treatment. In this article we discuss recent case law that demonstrates that Belgian courts do not hesitate to render the severe punishment of annulment of the contract if a public (procurement) contract was awarded in breach of the rules regarding transparency. We discuss the consequences of these types of judgements, their practical implications and examine the compatibility with EU legislation. Keywords: transparency, non-discrimination, remedies

Paul Heijnsbroek

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 3, Page 252 - 254

Ziwei Zhang

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 3, Page 216 - 224

Although improving the quality and efficiency of public services, Public Private Partnerships (PPPs) are vulnerable to risks and disputes. Therefore, establishing effective legal remedies is of great significance to PPPs. In China, the existing regulations of remedies for PPPs have some problems, eg regarding aspects of the remedies’ subjects, triggering conditions, and methods. To improve PPPs’ legal remedies, the remedies’ subjects and triggering conditions should be broadened, the remedies’ methods should be reformed, and the applicable legal framework should be further improved. Keywords: public private partnerships, public procurement law, dispute resolution, legal remedies, China

Carri Ginter, Triin Väljaots

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 301 - 306

The article explores the preconditions for excluded tenderers’ locus standi. It is commonly accepted that a chance at a new procurement can serve as grounds for granting the right to challenge the buyer’s decisions. This article focuses on the specifics of a situation where the buyer has made a decision to exclude the review-seeking tenderer and aims to clarify the point at which their rights to request for review of the decisions of the contracting authority should terminate. Pro tempore this point seems to be the time when the decision to exclude the tenderer becomes final. A specific set of facts from the procurement of trams for the City of Tallinn is used to demonstrate that at times this may lead to a race between judges. This makes the right to seek a review a matter of chance and not of law. Giving precedence to the time of filing a request for review is more in harmony with the Remedies Directives. In certain jurisdictions the principles of equivalence and effectiveness could be used to achieve this. If, in most cases, the national courts check the right to file a claim at the time of filing of the claim and not later, such treatment could be extended to requests for review filed by excluded tenderers. Keywords: Locus standi; Judicial remedies; Excluded tenderers: Remedies Directives.