New Remedies Directive for public procurement in force

Directive (EC) 2007/66  amends Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts.

the text of the Directive is available here >>

The Directive provides the legislative framework to the Member States for the level of protection of bidders in national public procurement law.  It modifies the text of remdies directives nr. 89/665/EC and 92/13/EC. The modifications have to be transposed into national law until 20/12/2009.

One change introduces the "stand still period", stemming from case law, into statutory law: the delay between award decision and conclusion of contract must be a minimum of 10 days.

One another aspect dealt with by the new remedies rules is the voidness of contracts awarded in breach of procurement law.  This stipulation shall sanction more effectively the most serious breach in procurement: the direct award of contracts without appropriate procedural measures in cases where this is not allowed by the pertinent procurement rules.