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Vol 23 No 5 May/June 2018

Book of the Month

Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Contracts Not Covered, or Not Fully Covered, by the Public Sector Directive

ISBN13: 9788757427622
Published: September 2012
Publisher: DJOF Publishing
Country of Publication: Denmark
Format: Paperback
Price: £40.00

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This book analyses, clarifies, and discusses which positive obligations derived from EU law, in a public procurement law context, a contracting authority must apply when entering into one of the three types of contracts - service concession contracts, contracts below the thresholds and contracts regarding B-services, and how these obligations can be enforced.

Thus, it analyses, which obligations can be derived from mainly the Treaties' principle of transparency and the principle of equal treatment when a contracting authority enters into one of the three types of contracts. Furthermore, it analyses how these obligations can be enforced.

Effective remedies are essential to ensure that contracting authorities behave in accordance with the obligations derived from the principles of the Treaties, when entering into one of the three types of contracts. If the principles can be infringed without repercussions, the effectiveness of the principles will be endangered. Thus, effective remedies must be available when the principles have been breached.

Public Procurement
Part I 'Introduction, Definitions and Foundations' Chapter 1 Introduction and Methodology Chapter 2 Objectives and principles of the EU Procurement Rules Chapter 3 Service Concession Contracts 64 Chapter 4 Contracts Below the Thresholds Chapter 5 B-service Contracts Chapter 6 Cross-border Interest Part II 'Positive obligations derived from the principles of the Treaties' Chapter 7 The Transparency Obligation Chapter 8 Other Positive Obligations Chapter 9 Standstill Part III 'Enforcement and Remedies' Chapter 10 Enforcement of the Three Types of Contracts Chapter 11 Remedies Chapter 12 Summary of findings List of Judgments and Decisions List of literature Abstract of the Thesis