Public procurement key cases—pre-procurement considerations
Public procurement key cases—pre-procurement considerations

The following Public Law guidance note provides comprehensive and up to date legal information covering:

  • Public procurement key cases—pre-procurement considerations
  • Procurement correspondence
  • Considerations when authorities procure contracts that are not subject to the full procurement regime
  • The 'in-house' exemption
  • Also in this series

This Practice Note is part of a series of Practice Notes collating and summarising notable historic case law rulings and principles relating to public procurement law. The majority of entries in this Practice Note are archived cases. For details of the latest case law developments see:

  1. UK public procurement case tracker

  2. EU public procurement case tracker

This Practice Note focuses on cases relating to pre-procurement considerations. Pre-procurement considerations are key to ensuring the correct procedure is followed and good project management techniques are embedded in the procurement process. Without due preparation, there is a risk that the process conducted by the contracting authority will not be efficient, the solution may not be fit for purpose and the award may be at risk of challenge.

For further reading on this subject, see our: Pre-procurement considerations—overview.

Procurement correspondence

Case citation Court and date Summary
Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v Commission of the European Communities
Court of Justice of the European Communities (Third Chamber)
12 March 2008
Application for the annulment of the decision to award the contract which