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Infringement procedure against Belgium processed
More than three years after the deadline was set for issuing biometric passports with fingerprints, Belgium has still to comply with the requirement. As a result, the European Commission (EC) has referred the country to the Court of Justice of the EU, requesting Belgium to speed-up the delivery of biometric passports containing the agreed security feature. […]
(Continue reading)Greece referred to CoJ for failing to comply with Directive
The European Commission (EC) has decided to refer Greece to the Court of Justice because it has failed to ensure full compliance with EU rules on public procurement as regards the purchase of an information system for the Social Security Foundation (IKA). Greece has failed to fulfil its commitment, made under Directive 2004/18/EC in February […]
(Continue reading)Contract Bidding Exclusions
In the wake of the G4S Olympic security controversy, the Cabinet Office is proposing a policy whereby a supplier’s record in performing contracts can lead to their exclusion from bidding for central government contracts. David Hansom outlines the issues raised by the move and its potential implications. In response to calls by the Home Affairs […]
(Continue reading)Pro Authority
The recent case of Newcastle Upon Tyne Hospitals NHS Foundation Trust vs Newcastle Primary Care Trust and Others [2012] gives new guidance on when damages will be an adequate remedy in cases where a contract has been suspended under the Public Contracts Regulations 2006 (the Regulations). David Hansom looks at how the decision was reached. […]
(Continue reading)Hossacks (A Firm of Solicitors), R (on the application of) v The Legal Services Commission [2012] EWCA Civ 1203
Neutral Citation Number: [2012] EWCA Civ 1203 Case No: C1/2011/2905 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION ADMINISTRATIVE COURT MR JUSTICE BLAKE [2011] EWHC 2700 (Admin) Royal Courts of Justice Strand, London, WC2A 2LL 20 September 2012 B e f o r e : […]
(Continue reading)Member States penalised for failing to implement EU Directive
The European Commission is to refer Poland, the Netherlands, Luxembourg and Slovenia to the Court of Justice of the EU for failing to fully implement the defence procurement rules. The four Member States did not comply with the directive on procurement of arms, munitions and war material (and related works and services) for defence purposes, […]
(Continue reading)Virgin Rail Group lost commercially – First Group
First Group have commented on legal proceedings started up by Virgin Trains Ltd in respect of the award decision of the West Coast Main Line franchise. The Group said that they have every confidence in the Department of Transport’s (DfT) process which is rigorous, detailed and fair and in which bids are thoroughly tested. Also, […]
(Continue reading)Plymouth withdrawing from incinerator deal unlawful
Legal experts have told Plymouth Councillors that withdrawing from the contract to build the Devonport incinerator would be found to be unlawful. A special meeting of the Cabinet heard that an independent report commissioned to see if it were possible to stop the incinerator had concluded not only that it would be unlawful for the […]
(Continue reading)‘Ridiculous’ EU procurement rules hindering councils’ efficiency efforts
The Local Government Association (LGA) has produced a Procurement Pledge which commits local and central government to work more closely on EU procurement rules. The Association is concerned that moves are ahead which could make it virtually impossible for councils to give preference to local suppliers, and will force those wishing to pool services with […]
(Continue reading)Revised EU WEEE laws to clamp down on illegal waste exports
The UK and other EU Member States have until 2014 to bring themselves in line with the recast of the WEEE Directive. The Recast, which was published in the Official Journal of the European Union, came in to effect on 13 August 2012, having been delayed due to adjustments to the wording of the legislation. […]
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