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Damages in EU Public Procurement Law

Damages in EU Public Procurement Law

Name: Damages in EU Public Procurement Law
Brand: Springer-Verlag
SKU: 9783319236117
Price: 1462.00 HKD
Availability: InStock
Author: Hanna Schebesta
ISBN: 9783319236117

By Hanna Schebesta

Springer-Verlag December 2015

Specifications

ISBN-13: 9783319236117
Publisher: Springer-Verlag
Publication: December 2015
Format: Hardback
Jurisdiction: Switzerland ? Countri(es) for reference only

Details

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.

1.
Introduction: Part I; 2.
The EU Public Procurement Policy Field: 3.
The CJEU's Approach to Damages under General EU Law: 4.
Sources of EU Procurement Law and Damages: Part II; 5.
Case Study: The Netherlands: 6.
Case Study: The United Kingdom: 7.
Case Study: Germany: 8.
Case Study: France: Part III; 9.
Issue Based Analysis of Public Procurement Damages: 10.
Quantification of Claimable Losses: 11.
The Iridescence of the Lost Chance Doctrine in Damages Claims: Part IV; 12.
Conclusions.