by Sue Arrowsmith - Public Procurement Network

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How would these changes to remedies affect the functions of the supplier remedy system? • Deterrence • Would still deter most breaches – but would reduce excessive caution • E.g. production criteria as accepted in Case C-368/10, Commission v Netherlands (Fair Trade case) • Correction of breaches • Would limit this function but only in a few cases • Interpretation • Would reduce interpretation function • May need other approaches to this to replace national-level supplier litigation e.g. national advisory body (Commission could still bring CJEU proceedings)
How would these changes to remedies affect the functions of the supplier remedy system? • Would not significantly affect supplier confidence in the system
Page 1 and 2: Professor Sue Arrowsmith, Achilles
Page 3 and 4: The functions of supplier remedies
Page 5 and 6: The problems of litigation • Disr
Page 7 and 8: A better balance between costs and
Page 9 and 10: Simplification of the legal rules
Page 15: Supplier remedies: a different appr

by Sue Arrowsmith - Public Procurement Network

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