ARTICLE · 03 FEBRUARY 2022

The Right To An Effective Remedy

Ganado Advocates

Explore more from Ganado Advocates

In a request for a preliminary ruling by Randstad Italia SpA to the European Court of Justice, Grand Chamber, the interpretation of Article 19(1) TEU relating to the obligations of...

MaltaGovernment, Public Sector

Christina Scicluna

Author LinkedIn connections

In a request for a preliminary ruling by Randstad Italia SpA to the European Court of Justice, Grand Chamber, the interpretation of Article 19(1) TEU¹ relating to the obligations of Member States to provide remedies sufficient to ensure effective legal protection was considered, specifically relating to the application of review procedures to the award of public supply and public works contracts.

The request was made in proceedings between Randstad Italia SpA and Umana SpA, Azienda USL Valle d'Aosta concerning the exclusion of Randstad from a procedure for the award of a public contract and the regularity of that procedures.

The application of the right to an effective remedy was requested by Randstad in the context of concession contracts² awarded by contracting authorities, with concession contracts including public contracts, framework agreements, work and services concessions and dynamic purchasing systems. Member States have an obligation to take the necessary

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

The Commission’s EU Public Procurement Act Proposal

European UnionGovernment, Public Sector

Camilleri Preziosi

Malta-Gozo Submarine Power Cables: €30 Million Procurement Launched

MaltaGovernment, Public Sector

The EU’s Proposed Public Procurement Act: What Operators Need to Know

MaltaGovernment, Public Sector

Proposed EU Public Procurement Act: A New Era For Government Purchasing

European UnionGovernment, Public Sector

Ganado Advocates

Redevelopment Of Malta Film Studios: €744 Million Concession Launched

MaltaGovernment, Public Sector

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Government, Public Sector
- Constitutional & Administrative Law
- Government Contracts, Procurement & PPP

See more popular content from

Government, Public Sector

EU Regulation On Cash Payment Limits

The European Union is prohibiting cash payments that exceed ten thousand euro (€10,000), or the equivalent in national currency, with full application from 10th July 2027.

European UnionGovernment, Public Sector

Proposed EU Public Procurement Act: A New Era For Government Purchasing

The European Commission has proposed a Public Procurement Act that would fundamentally transform how government contracts are awarded across the EU. This Regulation would replace three existing Directives with a single set of binding rules, introducing mandatory quality criteria, expanded negotiation rights, and a unified digital procurement system.

European UnionGovernment, Public Sector

Ganado Advocates

Amendments To The Maltese Citizenship Act – Act XXI Of 2025: Key Changes And Implications

On the 24th of July 2025, Act XXI of 2025, the Maltese Citizenship (Amendment) Act (the "Amendment Act") was enacted, introducing a number of amendments to the Maltese Citizenship Act...

MaltaGovernment, Public Sector

Camilleri Preziosi

Malta's Removal From The FATF Grey List

Malta's inclusion on the Financial Action Task Force (FATF)'s list of Jurisdictions under Increased Monitoring (also known as they ‘grey list') in June 2021 raised quite a...

MaltaGovernment, Public Sector

Dr Werner & Partner

The EU’s Proposed Public Procurement Act: What Operators Need to Know

The European Union has proposed a comprehensive Public Procurement Act that would consolidate over fifty scattered provisions into a single Regulation, fundamentally transforming how public contracts are awarded across Member States. This reform introduces flexible procurement procedures, digital marketplace integration, and a mandatory emphasis on quality over price, while implementing new security requirements and reducing barriers for SMEs. With public procurement representing 15% of EU GDP, these change

MaltaGovernment, Public Sector

Revision Of Malta’s FDI Rules: Key Takeaways

Malta's Parliament is considering significant amendments to its foreign direct investment screening framework through Bill No 172. The proposed changes aim to clarify notification requirements, define portfolio investment exclusions, and restructure the institutional framework governing the National Foreign Direct Investment Screening Office, bringing Malta's regime into closer alignment with EU regulations.

MaltaGovernment, Public Sector

Ganado Advocates

US Makes Bitcoin Exchange Arrests After Silk Road Closure

The Department of Justice said Robert Faiella, known as BTCKing, and Charlie Shrem from BitInstant.com have both been charged with money laundering.

GlobalGovernment, Public Sector

Fenech Farrugia Fiott Legal (FFL)

New Pembroke Reverse Osmosis Plant: €10.2 Million Tender Launched By Malta Water Services Corporation

The Water Services Corporation has issued a major tender for the design, construction and commissioning of a new reverse osmosis desalination plant in Pembroke, Malta, with a nominal capacity of 11,200 m³ per day. The procurement follows EU Directive 2014/25/EU procedures and requires the existing plant to remain operational throughout the project's 100-week completion period. Economic operators must navigate extensive technical requirements covering reverse-osmosis systems, electrical infrastructure,

MaltaGovernment, Public Sector

AMLA Publishes Draft RTSs: Strengthening EU AML/CFT Supervision

The Authority for Anti-Money Laundering and Countering the Financing of Terrorism (AMLA) has issued a final report that includes two draft Regulatory Technical Standards (RTSs).

MaltaGovernment, Public Sector

Redevelopment Of Malta Film Studios: €744 Million Concession Launched

The concession, issued under reference MFC/1/2026, will be awarded on a build, finance, operate and transfer (“BFOT”) basis. The successful tenderer will be responsible for financing and developing new film-production facilities on a site measuring approximately 92,400 square metres, operating the studios throughout the concession period and transferring the facilities back to the contracting authority upon its expiry.

MaltaGovernment, Public Sector