Case C-406/08 Uniplex (UK) Ltd v NHS Business ... - Olswang

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The reference by the High Court • Questions referred: ‣ When does time for bringing proceedings start to run? ‣ How is a court to apply the requirement for promptness? ‣ How is a court to exercise its discretion to extend the time limit?
The judgment of the Court of Justice First question: • “The period for bringing proceedings seeking to have an infringement of the public procurement rules established or to obtain damages for the infringement of those rules should start to run from the date on which the claimant knew, or ought to have known, of that infringement”. ‣ Not good enough for tenderer to find out that its tender has been rejected, “[s]uch information is insufficient to enable [it] to establish whether there has been any illegality which might form the subject matter of proceedings”. ‣ It is only once it has been informed of “reasons for its elimination” that it “may come to an informed view as to whether there has been an infringement of the applicable provisions and as to the appropriateness of bringing proceedings”. ‣ Requirement for contracting authorities to notify tenderers of reasons for decision – in old Remedies Directives and in new Remedies Directive.
Page 1 and 2: Case C-406/08 Uniplex (UK) Ltd v NH
Page 3: The facts • Framework agreement f
Page 7 and 8: The judgment of the Court of Justic
Page 9 and 10: The impact of Uniplex • No more r

Case C-406/08 Uniplex (UK) Ltd v NHS Business ... - Olswang

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