Studies in European Economic Law and Regulation

Damages in EU Public Procurement Law

Authors: Schebesta, Hanna

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  • 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
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eBook 93,08 €
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  • ISBN 978-3-319-23612-4
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Hardcover 109,99 €
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Softcover 109,99 €
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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)


Table of contents (12 chapters)

Table of contents (12 chapters)

Buy this book

eBook 93,08 €
price for India (gross)
  • ISBN 978-3-319-23612-4
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • Immediate eBook download after purchase and usable on all devices
  • Bulk discounts available
Hardcover 109,99 €
price for India (gross)
Softcover 109,99 €
price for India (gross)
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Bibliographic Information

Bibliographic Information
Book Title
Damages in EU Public Procurement Law
Authors
Series Title
Studies in European Economic Law and Regulation
Series Volume
6
Copyright
2016
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing Switzerland
eBook ISBN
978-3-319-23612-4
DOI
10.1007/978-3-319-23612-4
Hardcover ISBN
978-3-319-23611-7
Softcover ISBN
978-3-319-79509-6
Series ISSN
2214-2037
Edition Number
1
Number of Pages
XIV, 235
Topics