Authors: Deeny, J; MCMAHON, DOUGLAS
Source: European Law Reports, Volume 12, Number 4, July 2008, pp. 549-563(15)
Publisher: Hart Publishing
Keywords: Altering tender decision within 10-day standstill period; Correcting erroneous interpretation of tender documents; Disclosure of commercially sensitive material; Misinterpretation, bad faith, illegality and material unfairness in tender decision; Providing equally detailed reasons to all parties; Public Contracts Regulations 2006; Right to comment on reasons provided for unsuccessful bid; Ten-day standstill period
Document Type: Research Article
Publication date: July 1, 2008
The majority of cases reported in the European Law Reports are not reported elsewhere and are regularly cited in judgments of the higher courts.
In a fully developed EU legal system, many of the most important cases will be decided by the national courts, with only exceptional cases being referred to the Court of Justice for a preliminary ruling. Already the extensive case law of the Court of Justice provides sufficient information to enable national courts to decide for themselves with a high degree of confidence many cases without the need for a reference. This tendency, which grows as the confidence and experience of the judiciary increases, will be further enhanced as the reporting of EU law cases in the national courts improves.
Hence the importance of these law reports.
The European Law Reports fill a vital gap, bringing together the most significant national decisions on issues of EU law decided by the Courts and tribunals of England and Wales, Scotland, Northern Ireland, and Ireland.