Damages in EU Public Procurement Law / by Hanna Schebesta.

1st ed. 2016.

Cham : Springer International Publishing : Imprint: Springer, 2016.

XIV, 235 p. online resource.

Studies in European economic law and regulation. 2214-2045 ; 6.

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.

www

Springer Nature eBook

Printed edition:
Printed edition:
Printed edition:

SpringerLink electronic monographs.

English

9783319236124

Monographs & Serials
Electronic Resources