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Hungary respects Commission’s infringement procedures
The European Commission has received replies from the Hungarian Government in relation to infringement procedures started on 17 January 2012. The Commission will now carry out a full legal analysis to assess whether Hungary has taken appropriate and concrete steps to ensure the compatibility of Hungarian law with the European Treaties on the following issues: The [...]
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‘Contracting authority’ – definition difficulties
By Ruth McNaught, Solicitor, Harper Macleod LLP The High Court’s 20 January 2012 judgment in Alstom Transport v Eurostar International Limited, [2012] EWHC 28 (Ch), considered as a preliminary issue whether the defendant, Eurostar International Limited (‘Eurostar’), fell within the definition of a ‘contracting authority’ for the purposes of the Public Contracts Regulations 2006 (the [...]
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Camden Council challenges HS2 to legal battle
Campaigners against the £33bn High Speed 2 rail are seeking a judicial review over plans to demolish local social housing to make way for the new transport development, the Guardian newspaper has revealed. Plans for the redevelopment and expansion of Euston show that over two thirds of the thirds of the 323 homes planned for [...]
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Win for Swindon Council in landmark case
The owner of the Mechanics’ Institute has been ordered by High Court judge Mr Justice Ramsey to pay Swindon Council over £300,000 in a landmark case. The council repaired the roof of the derelict Mechanics’ Institute at Emlyn Square owned by Forefront Estates Ltd and completed other emergency works which it discovered were necessary during [...]
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London councils integrate legal teams
Southwark and Lambeth Councils are to further integrate legal teams in a bid to save local taxpayers money. Lambeth’s Cabinet Member for Finance, Cllr Paul McGlone, said:“Lambeth and Southwark Councils are working together to set up ‘share services’ such as Legal where this delivers efficiencies and saves money. This means we can help protect frontline [...]
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Romania called on to comply with EU rules on public procurement
The European Commission has called on Romania to comply with EU rules on public procurement in connection with a contract awarded by the municipal authorities of sector 3 of the city of Bucharest. The contract, worth around €110m, has been awarded in the form of a four-year framework agreement. The Bucharest sector 3 authorities did [...]
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Commission closes infringement case on UK
The European Commission has closed an infringement case against the UK in recognition that UK national legislation has now been changed to properly implement EU rules on ePrivacy and data protection on the confidentiality of communications such as email or internet browsing. The Commission believes that UK law and institutions are now well-equipped to enforce [...]
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Identifying ‘public service concessions’
By Ruth McNaught, Solicitor at Harper Macleod LLP Earlier this month, the Court of Appeal considered whether certain contracts awarded by the Ministry of Justice (MOJ) should be classified as public service contracts or public service concessions. The Court evaluated: the level of control retained by the MOJ over contract performance; the scope for the [...]
(Continue reading)Alstom Transport v Eurostar International Ltd [2012] EWHC 28 (Ch)
Neutral Citation Number: [2012] EWHC 28 (Ch) Case No: HC10C03303 HC11C01178 IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION Royal Courts of Justice Strand, London, WC2A 2LL 20/01/2012 B e f o r e :MR JUSTICE ROTH ____________________ Between: ALSTOM TRANSPORT Claimant – and – EUROSTAR INTERNATIONAL LIMITED Defendant ____________________ Sarah Hannaford QC and Jessica [...]
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European Commission starts legal action against Hungary
The European Commission has started legal action against Hungary over new legislation that came into force at the beginning of the year under Hungary’s new constitution. Following several exchanges with the Hungarian authorities on the drafts of the new legislation – notably letters sent by EU Commission President José Manuel Barroso, Vice-President Viviane Reding (EU [...]
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