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Public Procurement Law: Damages as an Effective Remedy de Duncan Fairgrieve

Public Procurement Law: Damages as an Effective Remedy

Editat de Duncan Fairgrieve, François Lichère
en Limba Engleză Hardback – 31 oct 2011
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 developing rapidly, 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.
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Specificații

ISBN-13: 9781849462174
ISBN-10: 1849462178
Pagini: 248
Dimensiuni: 156 x 234 x 15 mm
Greutate: 0.52 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

·A detailed and practical analysis of both EC and national case law on damages in a large number of European countries ·Issues analysed by an international group of specialists.·Guidance on issues which have not been covered by the ECJ but have featured in case law of the Member StatesThis 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.Useful coverage of one of the fastest growing sectors of the European economy.The contributors are high-profile and authoritative commentators on public procurement law, including policy-makers, judges, academics and practitioners.

Notă biografică

Duncan Fairgrieve is Senior Fellow in Comparative Law and Director of the Tort Law Centre at the British Institute of International and Comparative Law, London, and practises as a barrister at 1 Crown Office Row. François Lichère is Professor of Law at the University of Aix-Marseille, Aix-en-Provence, France and Counsel to law firms.

Cuprins

Introduction Duncan Fairgrieve and François LichèreI. National Perspectives 1 Damages for Breach of Public Procurement Law: A French Perspective Nicolas Gabayet2 Damages and EC Procurement Law: German Perspectives Martin Burgi3 Damages under Public Procurement: The Portuguese Case Vera Eiró and Esperança Mealha4 Damages Remedy in England & Wales and Northern Ireland Fiona Banks and Michael Bowsher KC5 Damages for Breach of Procurement Law: The Dutch Situation Jan M Hebly and Folkert G Wilman6 State Liability in Public Procurement: The Case of Italy Silvia Ponzio7 The New Remedial Landscape in Public Procurement in Ireland Catherine DonnellyII. Transversal Perspectives: Comparing across Legal Systems 8 Basis and Conditions for a Damages Claim for Breach of the EU Public Procurement Rules Steen Treumer9 Damages for Breaches of EU Public Procurement Law: Issues of Causation and Recoverable Losses Roberto Caranta10 Procedures and Access to Justice in Damages Claims for Public Procurement Breaches Duncan Fairgrieve and François LichèreII. 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 Golden12 Remedies for Breaches of Procurement Regulation and the UNCITRAL Model Law on Procurement Caroline Nicholas

Descriere

The aim of this book is to analyse the remedy of damages in public procurement law. It 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.