INTERACTION BETWEEN EU PUBLIC PROCUREMENT LAW AND NATIONAL CONTRACT LAW IN THE FRAMEWORK OF A REGULATED TENDERING PROCEDURE: THE CORRECTION OF ERRORS IN TENDERS SOPHIE PRENT
IPPC, 14TH -16TH AUGUST 2014, DUBLIN, IRELAND
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Interaction between EU public procurement
law and national contract law in the framework
of a regulated tendering procedure: the
correction of errors in tenders
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X
Y CA ?
Contract Stage Tendering Stage
EUPPL Contract Law
Contract Law
Z
Pre-contractual
relationship
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X
Y CA ?
Contract Stage Tendering Stage
EUPPL Contract Law
Contract Law
Z
Pre-contractual
relationship
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X
Y CA
Tendering Stage
Z
?
Rights and
Obligations
cross
border
trade
level playing
field
limitation of
transaction
costs
void
investments
quick and
smooth
completion National contract Law
EU Public Procurement Law
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Interaction between EU public procurement law
and national contract law in the framework of a
regulated tendering procedure: the correction of
errors in tenders
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What about EU Public Procurement Law?
- Storebaelt;
- Walloon Busses;
- SAG and Manova.
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An analysis of case law
> The East Netherlands District Court, March 6, 2013;
> The Gelderland District Court, May 7, 2013;
> Opinion 67 of the Public Procurement Experts Committee.
Not only the authority, but the obligation. On what
grounds?
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QUESTIONS THAT NEED TO BE ANSWERED
- Can EUPPL result in an obligation for the CA?
- How? Under what conditions?
- And if so, what is the role for national contract law?
- Is it possible to base the obligation on national contract law?
- And if so, what is the role of EUPPL?
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THANK YOU FOR YOUR ATTENTION
DOES THIS RING ANY BELLS?