Overview
- Clarifies the requirements for damages claims under both public procurement and general EU law
- Provides a point of reference for both procurement practitioners and to EU lawyers
- Presents national case law and furthers the discussion of damages in EU law
Part of the book series: Studies in European Economic Law and Regulation (SEELR, volume 6)
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Table of contents (12 chapters)
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Front Matter
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The EU Perspective on Damages
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Front Matter
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The National Perspectives
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Front Matter
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Transversal Discussion of Damages
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Front Matter
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Conclusions and the Way Forward
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Front Matter
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Keywords
- Competition law damages and public procurement
- Competition law, budget law
- Damages Claims for Violations of EU Public Procurement Law
- EU Directive 2007/66
- EU Procurement Law and Damages
- EU Public Procurement Policy Field
- Indeterminacy and Conflation of Liabilities
- Institutional Liability
- Legislative intervention on damages in public procurement
- Member State Liability Applied in Public Procurement
- Public Procurement Regulation
- Public procurement markets
- Quantification of Damages
- Recoverable losses
- Remedies Directives in the ECJ’S Case Law
- The Lost Chance in Public Procurement Damages Claims
About this book
The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.
Reviews
“The reader is … provided with a well-structured overview and profound analysis of the topic of damage compensation in public procurement settings. This broad perspective is the biggest strength of the book … . Schebesta makes a sounds [sic] analysis of how the different jurisdictions incorporate this theory and indicates that the French approach by which different qualities of chances (none/serious/very serious) are fixed to categories of claimable losses (none/bid costs/lost profit) seems to work effectively.” (Sarah Schoenmaekers, Common Market Law Review, Vol. 53 (4), 2016)
Authors and Affiliations
Bibliographic Information
Book Title: Damages in EU Public Procurement Law
Authors: Hanna Schebesta
Series Title: Studies in European Economic Law and Regulation
DOI: https://doi.org/10.1007/978-3-319-23612-4
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2016
Hardcover ISBN: 978-3-319-23611-7Published: 23 December 2015
Softcover ISBN: 978-3-319-79509-6Published: 27 March 2019
eBook ISBN: 978-3-319-23612-4Published: 16 December 2015
Series ISSN: 2214-2037
Series E-ISSN: 2214-2045
Edition Number: 1
Number of Pages: XIV, 235
Topics: European Law, Private International Law, International & Foreign Law, Comparative Law , Civil Law