Route 3 - Contract Award - Remedies Directive

The Remedies Directive provides legal remedies to aggrieved economic operators/potential suppliers for breaches of EU procurement law by organisations or utilities. The current directive was brought into force for Scotland on 20 December 2009 and introduced:

  • a prohibition on entering into a contract or concluding a framework agreement if a notice of court proceedings have been issued and served;
  • changes to remedies/penalties for the most serious breaches of the procurement rules, including ineffectiveness orders (orders which have the effect of cancelling a contract or framework agreement), orders shortening the duration of a contract or framework agreement and the imposition of a financial penalty on the organisation concerned;
  • changes to the time limits for bringing court proceedings.

Further information can be found in SPPN 7/2010.

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