Case C-454/06 Pressetext Nachrichtenagentur GmbH v Republik Österreich & ors [2008] ECR I-04401 – Law Journals

Judicial Review: Standing tall

Stephen Sellers reports on recent case law on the ‘standing’ to apply for judicial review ‘The question of councillors standing for local authorities when bringing judicial review proceedings to procurement cases is ripe for consideration by the Court of Appeal, following the different outcomes in the Gottlieb and Wylde cases.’ In the recent case of …

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Termination: Happy endings

Graeme Young and Maria Ziprani assess the impact of the Public Contracts Regulations 2015 on variation and termination rights ‘Increasingly, Pressetext type issues are leading to disputes and litigation, where judges in the High Court arrive at opposite conclusions applying the Pressetext test to the facts before them.’Until recently, discussions on contract variations between contractors …

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Development Agreements: When is a variation caught by procurement law?

Hannah Kramer reports on a case that has highlighted the risk of a new public procurement exercise having to be carried out in the event of a ‘material’ variation to an agreement ‘The Silver Hill decision does not in itself establish any new principles, but reaffirms existing case law that public works contracts and concession …

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Practice: In suspense

John Houlden and Richard Binns report on Edenred ‘The English courts are now perhaps more willing to maintain automatic suspensions than they have been in the past, particularly if there is a swift expedited trial, providing more balance to potential challengers.’The English High Court has stayed another contract award, perhaps indicating an increased willingness to …

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Legislation: The new classic public procurement directive – a curate’s egg?

Helen Randall assesses the efficacy and objectives of Directive 2014/24 ‘Many of the changes in the directive have been implemented with the laudable (but, in the author’s personal view, somewhat naive) objective of encouraging SME participation in government tenders.’The new European public procurement directive (Directive 2014/24) has been billed as bringing more speed, flexibility and …

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