This is the ultimate legal resource on public procurement in the European Union. It combines and links the full texts of the procurement directives in force today—i.e. Directive 2004/17/EC (the new Utilities Directive) and Directive 2004/18/EC (the new Public Sector Directive)—with more than eighty judgments rendered by the European Court of Justice during the period 1982–2007 regarding public procurement. In one easy-to-use volume it provides:
- the texts of the Public Sector Directive and the Utilities Directive, with the articles of these directives linked to the relevant Court of Justice case law;
- in-depth analysis of 84 judgements rendered by the Court of Justice in connection with subject matter treated by the articles of the two directives;
- the essential excerpts from the chronologically ordered judgments, with each excerpt preceded by an overview of the subject matter and points of law treated in the judgment;
- pertinent passages of opinions of the Advocate General;
- texts of supplementary legislation, including the relevant articles of the EC Treaty and interpretative communications and explanatory notes of the European Commission; and
- an exhaustive subject index.
By bringing the reader into direct contact with the relevant jurisprudence of the European Court of Justice—which has been instrumental in interpreting the public procurement legal framework—the book clearly manifests the reality of public procurement in the European Union. It will be of great value to practitioners and officials charged with ensuring that contracts are awarded in an open, fair and transparent manner that allows domestic and non-domestic firms to compete for business on an equal basis, and that the high quality and fair cost of purchases made by awarding authorities are maintained.
Contents:
List of abbreviations. Introduction. Modus operandi.
Chapter 1. The EU Procurement Directives 2004/18/EC and 2004/17/EC. Section I. The Public Sector Directive 2004/18/EC. Section II. The Utilities Directive 2004/17/EC.
Chapter 2. Judgements Rendered by the Court of Justice in the Period 1982–2007 Regarding Public Procurement—Analysis. Section I. Analysis of the Case Law Relating to Provisions of the Public Sector Directive 2004/18/EC. Section II. Analysis of the Case Law Relating to Provisions of the Utilities Directive 2004/17/EC.
Chapter 3. Judgements Rendered by the Court of Justice in the Period 1982–2007 Regarding Public Procurement—Relevant Excerpts. Appendices: 1. Relevant Articles of the EC Treaty. 2. Interpretative Communications of the European Commission. 3. Explanatory Notes by the European Commission. 4. Table of Cases Before the European Court of Justice Arranged According to the Date of Judgment. 5. Table of Cases Before the European Court of Justice Arranged According to their Case Number. 6. Alphabetical Table of Cases and Parties. 7. Correlation Tables. Subject Index. About the Authors.