The fair and unobstructed functioning of public tendering is a central objective of the 2011 Single Market Act. Public authorities are required to guarantee EU-wide publicity of their tenders and non-discriminatory award procedures, but also a swift remedies system for aggrieved parties.
In the European Union, the national remedies systems are coordinated by the Remedies Directive. There are also various international agreements referring to this issue. Still, the interpretation of the respective legislation and of the developing case-law as well as the practical application of remedies in the public procurement procedures remain a challenge for both procuring authorities and participating tenderers.
- In our training, public servants will be taught how to ensure compliance with Public Procurement law and deal with actions for remedies. For their part, tenderers and their legal representatives will learn how to best protect their interests and defend their rights. To that end, the major legal and practical issues in public procurement remedies will be tackled:
- Access to Information in Public Procurement Litigation
- Access to Courts in Public Procurement: Admissibility and Locus Standi and Interim measures in Public Procurement
- Actions for Damages in Public Procurement
- The WTO Government Procurement Agreement and Remedies in Public Procurement
- Recent Developments in Case-Law on Remedies in Public Procurement
- Remedies for Ineffectiveness in Public Procurement
The training will conclude with a roundtable on experiences and best practices in the Member States during which national procurement specialists will present their national remedies systems and discuss with you your cases and experiences.