Damages In Eu Public Procurement Law

March 27, 2019|
Damages In Eu Public Procurement Law by Hanna Schebesta
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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.

1 Introduction.- Part I.- 2 The EU Public Procurement Policy Field.- 3 The CJEU's Approach to Damages under General EU Law.- 4 Sources of EU Procurement Law and Damages.- Part II.- 5 Case Study: The Netherlands.- 6 Case Study: The United Kingdom.- 7 Case Study: Germany.- 8 Case Study: France.- Part III.- 9 Issue Based Analysis of Publi...
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Title:Damages In Eu Public Procurement Law
Format:Paperback
Product dimensions:235 pages, 9.25 X 6.1 X 0 in
Shipping dimensions:235 pages, 9.25 X 6.1 X 0 in
Published:March 27, 2019
Publisher:Springer Nature
Language:English
Appropriate for ages:All ages
ISBN - 13:9783319795096

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