INTERACTION BETWEEN EU PUBLIC PROCUREMENT LAW AND NATIONAL CONTRACT LAW IN THE FRAMEWORK OF A REGULATED TENDERING PROCEDURE: THE CORRECTION OF ERRORS IN TENDERS SOPHIE PRENT

IPPC, 14TH -16TH AUGUST 2014, DUBLIN, IRELAND

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Interaction between EU public procurement

law and national contract law in the framework

of a regulated tendering procedure: the

correction of errors in tenders

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X

Y CA ?

Contract Stage Tendering Stage

EUPPL Contract Law

Contract Law

Z

Pre-contractual

relationship

4

X

Y CA ?

Contract Stage Tendering Stage

EUPPL Contract Law

Contract Law

Z

Pre-contractual

relationship

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X

Y CA

Tendering Stage

Z

?

Rights and

Obligations

cross

border

trade

level playing

field

limitation of

transaction

costs

void

investments

quick and

smooth

completion National contract Law

EU Public Procurement Law

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Interaction between EU public procurement law

and national contract law in the framework of a

regulated tendering procedure: the correction of

errors in tenders

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What about EU Public Procurement Law?

- Storebaelt;

- Walloon Busses;

- SAG and Manova.

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An analysis of case law

> The East Netherlands District Court, March 6, 2013;

> The Gelderland District Court, May 7, 2013;

> Opinion 67 of the Public Procurement Experts Committee.

Not only the authority, but the obligation. On what

grounds?

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QUESTIONS THAT NEED TO BE ANSWERED

- Can EUPPL result in an obligation for the CA?

- How? Under what conditions?

- And if so, what is the role for national contract law?

- Is it possible to base the obligation on national contract law?

- And if so, what is the role of EUPPL?

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THANK YOU FOR YOUR ATTENTION

DOES THIS RING ANY BELLS?