A seminar focusing on the recent case-law of the Court of Justice of the European Union and of the (Supreme) Administrative Courts in public procurement litigation, was organised on 22nd and 23rd of October 2015 in the building of the Supreme Administrative Court of Finland located in Helsinki.
Click herefor the press release from the Supreme Administrative Court of Finland.
The seminar was attended by more than 40 judges of supreme administrative member jurisdictions and two guest courts of ACA Europe. The supreme administrative Court of Finland and the general Secretariat of the ACA-Europe provided the scientific support for the seminar. In total, 23 national reports, which are available on ACA-Europe's website, were submitted in response to the questionnaire.
The first part of the seminar on Thursday opened with a speech by Mr Pekka VIHERVUORI, President of the Supreme Administrative Court of Finland, who also chaired the event.
Mr Niilo JÄÄSKINEN, Judge at the Supreme Administrative Court of Finland and before advocate general at the Court of Justice of the European Union, outlined the recent jurisprudence of the ECJ relating to national judicial protection in the field of public procurement.
Ms Marta LASZUK, legal officer at the European Commission, DG for Internal Market, Industry, Entrepreneurship and SMEs reflected on the effectiveness of the effective remedies, the length of the procedure and the implementation of the remedies laid down in directives 89/665/EEC and 92/13/EEC followed by a discussion ensued with the participants.
Mr Johan van de GRONDEN, Adviser to the Council of State of Netherlands, presented the particularities of the Dutch system of remedies in public procurement, followed by the presentation of Mr Eskil NORD, Judge at the Supreme Administrative Court of Sweden, and Clemens MAYR, Judge at the Administrative Court of Austria, focussing on the interaction between the Supreme Administrative Courts and the ECJ.
The next day, Mr Christopher VAJDA, Judge at the Court of Justice of the European Union, gave an introductory speech on the recent case law of the ECJ on key procurement issues. His presentation was followed by an intervention by Mr. Ivo PILVING, Chairman of the Administrative Chamber of the Supreme Court of Estonia, about in-house horizontal cooperation.
Ms Eija SIITARI, Judge at the Supreme Administrative Court of Finland, and Mr Petr MIKEŠ, Judge at the Supreme Administrative Court of the Czech Republic, then exposed the difficulties related to the confidentiality of documents upon judicial review.
Mr François LELIÈVRE, Maître des requêtes at the Council of State of France, addressed the division of the award criteria into award sub criteria, balancing the award sub criteria, criteria for assessment and a method for rating tenders.
Finally, Ms Marta LASZUK explained the purpose of the new EU-24-2014 and 2014/25/EU directives and compared them with directives 2004/17 and 2004/18.
The conclusions of the seminar were presented by Ms Alice GUIMARAES-PUROKOSKI, Judge at the Supreme Administrative Court of Finland.