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Article 8, for example, warns the procuring agency, “when first soliciting the participation of. contractors in the procurement proceedings, shall declare whether the participation of suppliers or contractors in the procurement proceedings is limited,” and any “such declaration may not later be altered.”
In the Opinion in Kolin Inşaat Turizm Sanayi ve Ticaret ( C-652/22, EU:C:2024:212 , hereafter ‘Kolin’), Advocate General Collins has argued that only economic operators established in countries party to international agreements on public contracts that bind the EU may rely on the provisions of Directive 2014/25/EU.
Procurement would thus be a set of administrative law requirements concerned with the design and advertisement of tenders for public contracts, the decision-making process leading to the award of those contracts, and the advertisement and potential challenge of such decisions.
NHS commissioning takes place in a largely in-house environment where NHS buyers commission services primarily from NHS suppliers, but also with mixed private participation by both for-profit and third sector providers. 2) Regulations 2013.
This part of the dispute concerned the definition of ‘public works contracts’ under Directive 2014/24/EU (issue 1). Framing: Directive 2004/18/EC, Directive 2014/24/EU, or it does not matter? This relates to the ‘strategic’ use of procurement remedies by contracting authorities that have breached procurement law (issue 3).
Hamama led a discussion regarding Russia’s annexation of Crimea and the Donbas region in 2014, outlining the solid ground it created for claiming damages and compensation, and noted that similar claims have emerged following the Russia-Ukraine war in 2022.
According to the Court of Justice, Article 43 of Directive 2014/25/EU ‘reflects’ the EU’s international commitments to give equal participation rights to economic operators hailing from third countries benefiting from international commitments signed by the EU (paragraph 43, referring to Recital 27 of the Directive). 46 and 47).
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