1. The Review of the Remedies Directives the Commission’s perspective
Bertrand Carsin, Director
Public Procurement Policy Directorate
Internal Market and Services DG
Conference on "Public Procurement Review & Remedies Systems", Dubrovnik May 07

2. The Review of the Remedies Directives
Introduction

3. The Review of the Remedies Directives
Directives 89/665/EEC and 92/13/EEC
Pre-contractual remedies
Post-contractual remedies

4. The Review of the Remedies Directives
Key proposed elements of the review
Introduction of a standstill period between the award and the conclusion of a public contract
Combatting illegal direct awards of public contracts

5. The Review of the Remedies Directives
I. Standstill period
Results from Alcatel case law of ECJ
Allows for effective pre-contractual remedies

6. The Review of the Remedies Directives
Proposed sanctions in case of violation of standstill
ineffectiveness of the contract
alternative penalties, such as fines

7. The Review of the Remedies Directives
II. Illegal direct awards
Pre-contractual standstill period proposed by Commission (« ex ante »)
Post-contractual remedy proposed by Council (ineffectiveness « ex post »)

8. The Review of the Remedies Directives
Proposed sanctions in case of illegal direct awards
ineffectiveness of the contract
alternative penalties, such as fines

9. The Review of the Remedies Directives
Co-decision procedure – First reading
Position of Council
Position of European Parliament

10. The Review of the Remedies Directives
Some topics of discussion
Sanctions
Derogations
Duration of standstill period
Framework agreements

11. The Review of the Remedies Directives
Concluding remarks