by Sue Arrowsmith - Public Procurement Network
by Sue Arrowsmith - Public Procurement Network
by Sue Arrowsmith - Public Procurement Network
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How would these changes to remedies affect the<br />
functions of the supplier remedy system?<br />
• Deterrence<br />
• Would still deter most breaches – but would reduce excessive<br />
caution<br />
• E.g. production criteria as accepted in Case C-368/10, Commission v<br />
Netherlands (Fair Trade case)<br />
• Correction of breaches<br />
• Would limit this function but only in a few cases<br />
• Interpretation<br />
• Would reduce interpretation function<br />
• May need other approaches to this to replace national-level<br />
supplier litigation e.g. national advisory body (Commission<br />
could still bring CJEU proceedings)
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