Reform of the Remedies Directive

You might be just getting to grips with the Public Contracts Regulations 2015, but it looks as if the EU Commission now has a reform of the Remedies Directive in its sights.

You might think we have enough procurement law reform to be going on with, but the EU Commission has recently issued a consultation (in a questionnaire format) around reforming the Remedies Directive.

The Commission seeks views on whether the terms of the modified Remedies Directives are sufficiently clear and precise and whether the balance of interests protected is appropriate. It asks about the effectiveness as remedies of interim measures, the standstill period, ineffectiveness, other penalties and damages.

In addition, it asks various further questions about the situation at a national level (such as delays, remedies for below threshold procurements, court fees, administrative fees and other costs). Finally, the Commission requests views on whether there are still problems in addressing breaches in EU public procurement law.

The deadline for responding to this consultation is 20 July 2015.

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