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Publicprocurement is like the heartbeat of public spending in most of Africa – by some estimates, it accounts for 17% of the GDP of African Countries. Procurement was long seen as a clerical administrative function, rather than a strategic lever. This was not always the case.
In its Judgment of 4 October 2012 in case C‑629/11 P Evropaïki Dynamiki v Commission (ESP-ISEP) , the Court of Justice has issued another interesting decision on what should be considered sufficient debriefing of disappointed bidders in publicprocurement procedures. 1) (‘the Financial Regulation’).
Sustainable government procurement is the process of acquiring goods and services that meet the government entity’s needs while minimizing environmental and social impacts. Publicprocurement is key to this endeavor because public institutions and state enterprises must procure vast amounts of goods, services, and works to do their jobs.
Procurement decisions were largely one-dimensional – with economic interests being the first choice. ESG practices are driven in the supply sector by the largest player on the demand side, publicprocurement. The solutions are not secrets. The weighting on environmental and social values continues is tempering pricing.
Even if they may seem two – rather disconnected – areas of legal practice, reading cases on EU publicprocurement and on EU trademark law sometimes offers interesting insights into broader issues of EU economic law or, more generally, EU law. Moreover, she could not sue without knowing what those reasons are.
Most of the exceptions to the prohibition for public entities to have recourse to arbitration are listed in Article L. 2197-6 of the PublicProcurement Code ) and to include arbitration agreements in public-private partnerships so far as French law applies ( Article L.2236-1 21BX00596 ) before reaching the Conseil d’Etat.
It is worth recalling that Auroux (C-220/05, EU:C:2007:31 ) concerned a case involving the signing of an agreement between a municipality and a special purpose vehicle with separate balance sheet to run a re-generation programme. Therefore, this statement is also obiter dictum.
Understanding the Kolin Decision Jean Heilman Grier As Jean Heilman Grier pointed out in her thoughtful commentary, the Kolin decision may pose a more serious threat to free markets than the EU’s recent measures to boost EU vendors’ access to foreign procurement markets, the International Procurement Instrument and the Foreign Subsidies Regulation.
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