A compilation of the case-law of the Supreme Court in cases regarding the public procurement has been published on the website of the Supreme Court. Theses and examples of case-law have been structured and summarized. It enables to get acquainted with current case-law of the Court and thereby unifies the understanding and application of public procurement law.

The compilation is based on the first compilation of case-law on public procurement cases of the Supreme Court, developed in 2014 and updated in 2015. The compilation has been supplemented by rulings that came into force between November 2015 and June 2017 (for reasons of transparency the references to these rulings are highlighted in the compilation). At the same time, the case-law presented in the original compilation is also clarified. In order to facilitate the transparency of the compilation, its structure has been improved.

In total, 154 judgments of the Supreme Court and 20 judgements of the Court of Justice of the European Union and the General Court are used, which were also used as references by the Supreme Court.

The findings of the court have been provided in the context of the former Public Procurement Law (in force until February 28, 2017). Currently, the legal framework has changed, however, the findings of the court remain topical to a large extent also in the context of the new regulation, given that the principles of procurement and the values ​​protected by regulation have not changed, and regulation in many places is simply specified, not substantially amended.

The compilation was prepared by Liva Dreimane, Legal Research Counsel to the Department of Administrative Cases.

Compilation of case-law of the Supreme Court in cases of public procurement is available on the webpage of the Supreme Court, section Judicature/Compilations of Court Decisions/Administrative law

In order to provide a comparative insight, the Division of Case-law and Research has prepared a compilation of findings of the Court of Justice of the European Union regarding the public procurement cases. This compilation is an addition to the compilation of the case-law of the Supreme Court in public procurement cases 2004-2017; accordingly using the structure of this compilation.

The compilation includes the key findings and practices of the European Court of Justice judgments of 2016 and 2017 in public procurement cases. The summary allows interested parties to get acquainted with the current case-law of the Court of Justice of the European Union and thereby to harmonize the understanding and application of public procurement law. The procedural aspects and substantive aspects of the examination of public procurement cases are separately distinguished in the compilation.

The research was prepared by Mag.iur. Aleksandrs Potaicuks, Legal Research Counsel to the Division of Case-law and Research.

Public procurement cases: Case-law of the Court of Justice of the European Union. 2016 – first half of 2017

 

Information prepared by

Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: +371 67020396, +371 28652211