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Remedies Directive

The Remedies Directive provides legal remedies to aggrieved bidders for breaches of EU procurement law by public bodies or utilities. The current directive came into force on 20 December 2009 and introduced changes to:

  • a prohibition on entering into a contract or concluding a framework agreement if a notice of court proceedings have been issued and served
  • new remedies/penalties for the most serious breaches of the procurement rules, including ineffectiveness orders (orders which have the effect of cancelling a contract or framework agreement), orders shortening the duration of a contract or framework agreement and the imposition of a financial penalty on the public body concerned
  • changes to the time limits for bringing court proceedings

The 'new' remedies rules apply to procurement processes starting on or after 20 December 2009. This is referred to in Part 3 Chapter 5 (Facilitation of Remedies) in the Public Contract Regulations 2015 Contact your procurement department if you require further advice.

Contact your procurement department if you require further advice.

 

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