Public procurement key cases—procurement procedure
Public procurement key cases—procurement procedure

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

  • Public procurement key cases—procurement procedure
  • Introduction to Procurement law
  • 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 procurement procedure. The overarching objective of EU procurement law is that procurement is opened up to wider competition and that tenderers from across the EU have equal opportunity to secure contracts put out to tender by Member States. Guiding principles are that tenderers should be treated equally and tender procedures in all Member States should be transparent, such that tenderers know what to expect from the procurement process and have a clear understanding of the basis on which their tender applications will be judged. These principles are at the heart of the UK procurement regime.

Contracting authorities must follow the procedures set out in the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015) where applicable, unless an exemption applies. Legal action may be taken against a contracting authority and breaches are actionable in the High Court by an aggrieved party who has suffered or is at risk of suffering loss or damage as a result, hence it is