Case C-451/08 Helmut Müller GmbH v Bundesanstalt für Immobilienaufgaben [2010] ECR I-02673 – Law Journals

Regulation: Regular development

Elizabeth Gibson reports on the scope of the PCR 2015 ‘Where no enforceable contract for works exists, even where there is an expectation that a contract will be entered into, there is no public works contract to which the legislation can apply.’The High Court has dismissed a challenge by Faraday Development Ltd (FDL) against West …

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Planning Update: Procuring clarity

Mark Bassett examines a case concerning the interaction between real estate transactions and the public procurement rules ‘Holgate J determined that the main object of the agreement was not one which fell within the procurement legislation, and he concluded that there was therefore no breach of the Regulations.’ In August 2016 the High Court gave …

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Drafting: No publicity

Stephanie Rickard and Punim Anda examine a recent decision on the classification of public works contracts ‘FDL claimed that WBC’s decision to deliberately avoid having to comply with public procurement legislation was irrational as it was based on advice that it would receive a more positive response from the market by running a non-regulated tender …

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Works Contracts: What’s in a name?

Stephanie Rickard comments on a recent decision on the definition of public works contracts ‘Pizzarotti confirms the EU approach to interpretation – it is necessary to look at the nature of a transaction rather than its classification to determine whether or not the procurement rules apply.’The recent opinion issued in Impresa Pizzarotti v Comune di …

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Legislation: The new classic public procurement directive – a curate’s egg?

Helen Randall assesses the efficacy and objectives of Directive 2014/24 ‘Many of the changes in the directive have been implemented with the laudable (but, in the author’s personal view, somewhat naive) objective of encouraging SME participation in government tenders.’The new European public procurement directive (Directive 2014/24) has been billed as bringing more speed, flexibility and …

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