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Court of Justice considers use of the ‘trade mark or equivalent’ derogation in public procurement technical specifications (‘Roche Lietuva’ UAB v Kauno Dainavos poliklinika VšĮ)

Court of Justice considers use of the ‘trade mark or equivalent’ derogation in public procurement technical specifications (‘Roche Lietuva’ UAB v Kauno Dainavos poliklinika VšĮ)
Published on: 31 October 2018
Published by: LexisPSL
  • Court of Justice considers use of the ‘trade mark or equivalent’ derogation in public procurement technical specifications (‘Roche Lietuva’ UAB v Kauno Dainavos poliklinika VšĮ)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Public Law analysis: The Court of Justice has endorsed the use of the ‘trade name or equivalent’ derogation during a public procurement process, but has made it clear that it can only be used where strictly necessary, and where proportionate in an EU law sense. However, where it is justified by an important fundamental community interest, like the protection of the public health, the public authority will be accorded a wide margin of appreciation. Written by Adam Heppinstall, barrister at Henderson Chambers. or take a trial to read the full analysis.

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