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Vol 25 No 2 Feb/March 2020

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Kerr & Hunter on Receivers and Administrators

Edited by: Thomas Robinson, Peter Walton
Price: £315.00

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Public Procurement Law: Damages as an Effective Remedy

Edited by: Duncan Fairgrieve, Francois Lichere

ISBN13: 9781849462174
Published: November 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00

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Public procurement represents more than 15 per cent of European GDP and is one of the fastest growing sectors of the European economy. Public procurement law is also fast-growing, not least in the area of remedies for breach of procurement rules.

The aim of this book is to analyse the remedy of damages in public procurement law. The European directive of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC has reaffirmed the importance of damages as a tool to enforce the proper award of public contracts, but has left the exact architecture of the damages remedy in the hands of the Member States.

This book offers an overview of damages liability which is inclusive, coherent and practical, covering the relevant law and jurisprudence from a number of countries across Europe and further afield.

The contributors are high-profile and authoritative commentators on public procurement law, including policy-makers, judges, academics and practitioners.

Public Procurement
Introduction Duncan Fairgrieve and Francois Lichere

I. National Perspectives
1. Damages for Breach of Public Procurement Law: A French Perspective Nicolas Gabayet
2. Damages and EC Procurement Law: German Perspectives Martin Burgi
3. Damages under Public Procurement: The Portuguese Case Vera Eiro and Esperanca Mealha
4. Damages Remedy in England & Wales and Northern Ireland Fiona Banks and Michael Bowsher QC
5. Damages for Breach of Procurement Law: The Dutch Situation Jan M Hebly and Folkert G Wilman
6. State Liability in Public Procurement: The Case of Italy Silvia Ponzio
7. The New Remedial Landscape in Public Procurement in Ireland Catherine Donnelly

II. Transversal Perspectives: Comparing across Legal Systems
8. Basis and Conditions for a Damages Claim for Breach of the EU Public Procurement Rules Steen Treumer
9. Damages for Breaches of EU Public Procurement Law: Issues of Causation and Recoverable Losses Roberto Caranta
10. Procedures and Access to Justice in Damages Claims for Public Procurement Breaches Duncan Fairgrieve and Francois Lichere

III. External Perspectives on Public Procurement: Beyond Europe
11. Money Damages in the Context of Bid Protests in the United States Daniel I Gordon and Michael R Golden
12. Remedies for Breaches of Procurement Regulation and the UNCITRAL Model Law on Procurement Caroline Nicholas