The book surveys the enforcement of EU law through the lens of
damages claims for violations of EU public procurement rules. The
first part clarifies the requirements on damages claims under both
public procurement and general EU law, notably the public
procurement remedies directives and doctrines such as procedural
autonomy, effective judicial protection and Member State liability.
The second part focuses on comparative law, covering England,
France, Germany and the Netherlands, and provides an overview of
national regulation and case law of damages litigation in the area
of public procurement. A third part discusses the constitutive and
quantification criteria of the damages remedy from a comparative
and EU law perspective. It explores the lost chance, which
functionally emerges as a compromise capable of mitigating the
typically problematic nature of causation and uncertainty in public
procurement constellations. The book concludes with a proposal for
legislative intervention regarding damages in public procurement.
General
Imprint: |
Springer International Publishing AG
|
Country of origin: |
Switzerland |
Series: |
Studies in European Economic Law and Regulation, 6 |
Release date: |
March 2019 |
First published: |
2016 |
Authors: |
Hanna Schebesta
|
Dimensions: |
235 x 155mm (L x W) |
Format: |
Paperback
|
Pages: |
235 |
Edition: |
Softcover reprint of the original 1st ed. 2016 |
ISBN-13: |
978-3-319-79509-6 |
Categories: |
Books >
Law >
International law >
General
Books >
Law >
Other areas of law >
General
|
LSN: |
3-319-79509-0 |
Barcode: |
9783319795096 |
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