Source: All England Reporter
Publisher Citation: [2016] All ER (D) 19 (Jun)
Court: Court of Justice of the European Union (Fifth Chamber)

Judges da Cruz Vilaca (President), Biltgen, Borg Barthet, Levits (Rapporteur) and Berger

Judgment Dates: 26 May 2016


European Union - Public procurement - Public service contracts - Tendering procedures and awards - Funding agreements - Conditions imposed by contracting authorities - Determination that conditions imposed by contracting authorities unlawful under national public procurement law - Contracting authorities being required to make financial corrections - Contracting authorities challenging decision - National court referring preliminary issues as to interpretation of relevant regulations - , , , - Council Regulation (EC) 1083/2006, arts 2(7), 98(2).

The Case

European Union Public procurement. The Court of Justice of the European Union made determinations as preliminary rulings on the interpretation of and in two actions concerning the validity of administrative measures addressed to contracting authorities, which required them to repay part of grants that they had received in their capacity as contracting authorities which had organised public procurement procedures relating to operations eligible for grants.

Practice Areas

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