Judicial Protection in the Field of Public Procurement: The Transposition into Dutch Law of Directive 2007/66/EC Amending the Remedies Directives

• Author: Wouter-Jan Berends
• Position: L.L.M., Graduate Student from Utrecht University Faculty of Law
• Pages: 17-25

Judicial Protection in the Field of Public Procurement: The

Transposition into Dutch Law of Directive 2007/66/EC

Amending the Remedies Directives

Wouter-Jan Berends

Merkourios - European Contract Law - Vol. 27/71 17

Merkourios 2010 – Volume 27/Issue 71, Article, pp. 17-25.

URN: NBN:NL:UI:10-1-100919

ISSN: 0927-460X

URL: www.merkourios.org

Publisher: Igitur, Utrecht Publishing & Archiving Services

Copyright: this work has been licensed by the Creative Commons Attribution License (3.0)

Keywords

European Contract Law, EC, ECJ, Public Procurement, Remedies Directive, Dutch Implementation, Wira, European Court

of Justice.

Abstract

Public procurement procedures in the EU are coordinated by Directives 2004/17/EC and 2004/18/EC. The acquis com-

munautaire provides minimum requirements for review procedures against public procurement decisions in order to ensure

access to effective remedies for economic operators. These minimum requirements are established in Directives 89/665/

EEC and 92/13/EEC and recently amended by Directive 2007/66/EC. The Helby report identied several substantive

concerns over the Dutch proposal on the implementation the of the Remedies Directive; Wet implementatie rechtsbescher-

mingsrichtlijnen. Although the transposition target date has not been met, the Dutch legislature has succeeded to transpose

Directive 2007/66/EC into Dutch law while addressing the concerns of the Helby report.

Author Afliations

L.L.M., Graduate Student from Utrecht University Faculty of Law.

Article