Keywords
Summary

Keywords

Approximation of laws - Public procurement procedures in the water, energy, transport and telecommunications sectors - Directive 92/13 - Provision requiring Member States to establish review bodies - Non-transposition - Consequences - Power for the review bodies having competence in relation to public works contracts and public supply contracts also to hear applications for review in the water, energy, transport and telecommunications sectors - Not a necessary consequence - Obligation on the part of national courts to determine whether it is possible to bring review proceedings under domestic law

(Council Directive 92/13)

Summary

Article 1(1) to (3), Article 2(1), and (7) to (9) and the other provisions of Council Directive 92/13 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors cannot be interpreted as meaning that, where the directive has not been transposed by the end of the period prescribed for that purpose, the review bodies of the Member States having competence in relation to procedures for the award of public works contracts and public supply contracts may also hear applications for review relating to procedures for the award of public contracts in the water, energy, transport and telecommunications sectors. However, in order to observe the requirement that domestic law be interpreted in conformity with Directive 92//13 and the requirement that the rights of individuals be protected effectively, the national court must determine whether the relevant provisions of its domestic law allow recognition of a right for individuals to bring review proceedings in relation to awards of public contracts in the water, energy, transport and telecommunications sectors. The national court must, in particular, verify whether that right to bring review proceedings can be exercised before the same bodies as those established to hear applications for review concerning the award of public supply contracts and public works contracts.

If the provisions of domestic law are incapable of being interpreted in conformity with Directive 92/13, the persons concerned may, in accordance with the appropriate procedures under domestic law, claim compensation for damage suffered as a result of the failure to transpose the directive within the prescribed time-limit.