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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Damages in EU Public Procurement Law


ISBN13: 9783319236117
Published: January 2016
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £74.50



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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.

Subjects:
Remedies and Damages, Public Procurement
Contents:
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 Public Procurement Damages
10. Quantification of Claimable Losses
11. The Iridescence of the Lost Chance Doctrine in Damages Claims

Part IV
12. Conclusions.