A now also judicial! debate around public procurement remedies is the relationship between! On the one hand! the liability in damages derived from. The Remedies Directive (art 2(1)(c)! requiring a Opposing approaches power for review bodies or courts to ‘ award damages to persons harmed by an infringement ‘ of relevant EU public procurement rules) and! on the other.
The liability derived from the general principle of State liability for breaches of.EU law (following Opposing approaches. Francovich and Others! C‑6/90 and C‑9/90! EU:C:1991:428 ! and Brasserie du Pêcheur and Factortame! C‑46/93 and C‑48/93! EU:C:1996:79 ).
This is an issue that the Court of Justice of the European Union (ECJ)
Explicitly address in Combinatie Spijker Infrabouw-De Jonge Konstruktie and Others ! C-568/08! EU:C:2010:751 (‘ Spijker ‘)! country email list when it statethat Art 2(1)(c) of the Remies Directive.
Gives concrete expression to the principle of State liability for loss and damage caus to individuals as a result of breaches of EU law for which the State can be held responsible.
as regards state liability for damage caused to individuals by infringements of EU law for which the state may be held responsible! the harm individuals have a right to redress where the rule of EU law which as been infring is intend to confer rights on them.One of the dis
The breach of that rule is sufficiently serious
And there is a direct causal link between the breach and the loss or damage sustained by the individuals. In the absence of any provision of EU caseno email list law in that area! it is for the internal legal order of each member state!
Once those conditions have been fulfill with! to determine the criteria on the basis of which the damage arising from an infringement court of caseno email listjustice on 5 what luxembourg of. EU law on the award of public contractsmust be determin and estimated !Provided the principles of equivalence and effectiveness are fulfilled with ( Spijker ! paras 87 and 92! emphases added).
