With new EU rules, companies are becoming keener to
challenge the way public bodies choose suppliers.
Something new is happening in the realm of EU Public
Procurement.
Public bodies have long been required under EU law to put
certain contracts out to public tender by advertisement in the
Official Journal of the European Union. They have done so for
years, in conformity (or otherwise) with the applicable
procurement rules. However, even when it appeared that the
rules were not being followed, few suppliers challenged a
contract award decision.
Those days, it seems, are over.
Increasingly, suppliers are challenging public bodies who
award contracts in breach of the rules. This is because
suppliers are more aware of their rights and remedies under the
rules and these have recently been beefed up. Also, Freedom of
Information legislation can make more information available to
an aggrieved