Local Authority View #7
May 31 2019
May 2019 #7Read More
The European Commission has published its conclusions on its review of the operation of the remedies regime as contained in the Remedies Directive.
The remedies provided for (which include pre and post contractual remedies) are a unique example of giving full effect to EU rights at a national level. Overall, the report concludes that the remedies regime has met its objectives of increasing the observation of the principles of transparency and non-discrimination in public procurement.
The report drew the following conclusions:
The report observed that while the remedies regime should be maintained in its current state, some areas of uncertainty remained in relation to the remedies regime, resulting from the interplay between the remedies directives and the most recent public procurement legislation, in particular:
The Commission states in the report that it will disseminate some guidance in relation to the remedies provisions to increase understanding in relation to some of these issues, which will presumably include coverage of the two areas of uncertainty listed above. The guidance is also intended to address the development of criteria in relation to when the automatic suspension of the conclusion of a contract following the lodging of a legal action should be lifted.
It was also noted that the Commission will monitor breaches of the remedies regime in member states and take appropriate measures in response.
The full report from the Commission can be found here (Report from the Commission to the European Parliament and the Council on the effectiveness of Directive 89/665/EEC and Directive 92/13/EEC, as modified by Directive 2007/66/EC, concerning review procedures in the area of Public Procurement).
 Remedies Directives 89/665/EEC and 92/13/EEC, as modified by Directive 2007/66/EC (consolidated in the Public Contracts Regulations 2015 (as amended), Directive 2014/24/EU and the Concession Contracts Regulations 2016, Directive 2014/23/EU).