Effective remedies and fair hearings in public procurement challenges―Hochtief examined

Table of contents

• What is the legal background to this case?
• What was the factual background to this case?
• How did the matter reach the Court of Justice?
• What were the key issues referred to the court for preliminary ruling?
• What did the court decide?
• What are the key implications for UK practitioners dealing with public procurement challenges?

Article summary

Public Law analysis: In Hochtief AG v Budapest Főváros Önkormányzata, despite being told by the European Commission that its rights under public procurement law had been infringed, Hochtief AG was unable to claim damages. In the interests of providing an effective system of public procurement remedies, Hochtief was told that it should have raised relevant arguments in initial proceedings. Hochtief could not come back to the decision years later and have another bite of the cherry. Rebecca Rees, partner, Michael Rhode, senior associate, and Jack Eustice, associate at Trowers & Hamlins LLP examine the case.