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ECJ ruling in land development case

Nabarro LLP
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European Union, Italy
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March 12 2008

On 21 February 2008, the European Court of Justice ruled on a case Commission -v- Italy (C-41204) striking down a provision in Italian legislation which excludes from the procurement rules the direct award of works contracts to the holder of a building permit or development plan, where the cost is deductible from urbanisation taxes

German land development project not a works contract

Nabarro LLP
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European Union, Germany
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July 1 2008

Following an investigation, the European Commission has concluded that a contract for the sale of land between a public utility and a private property developer does not amount to a public works contract or concession governed by the procurement rules

Infringement case launched over land development project in the Netherlands

Nabarro LLP
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European Union, Netherlands
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June 7 2010

The Commission is taking the Netherlands to the European Court of Justice over the direct award of a pubic works concession in relation to a land development project in Eindhoven

Exercise of planning permission is not subject to the procurement rules

Nabarro LLP
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European Union
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April 7 2010

On 25 March 2010, the European Court of Justice gave its ruling in the Müller case (C-45108) clarifying the circumstances in which public authorities may be entering into public works contracts under the procurement rules

ECJ confirms in Müller that the exercise of planning powers is not subject to EU procurement rules

Nabarro LLP
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European Union
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March 29 2010

In 2007, the European Court of Justice handed down its landmark judgment in Auroux which confirmed that the EU procurement rules apply to land development schemes

Land purchase or public works contract?

Nabarro LLP
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European Union, Germany
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April 8 2009

A dispute has arisen over a contract concluded in 2008 between the German State of Saxony-Anhalt and a private investor for the purchase of land, upon which the investor would construct a tax administration building

ECJ judgment in the Valencia urban development case

Nabarro LLP
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European Union, Spain
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May 31 2011

The European Court of Justice ruled on 26 May 2011 in C-30608 that the European Commission had failed to demonstrate that the ‘main object’ of the procedure for appointing land developers in Valencia is to enter into a public works contract

Dutch land development case closed following annulment of contracts

Nabarro LLP
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European Union, Netherlands
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May 31 2011

The Dutch municipality of Ede has annulled contracts relating to a land development project after European Commission claims that the contracts were awarded in breach of procurement law

Uniplex: an end to the need to act “promptly” when challenging planning permissions by judicial review?

Nabarro LLP
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European Union, United Kingdom
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May 8 2010

The requirement for claimants to act promptly within the three-month period in issuing judicial review claims has been considered in a recent decision of the European Court of Justice (ECJ) in the potentially ground-breaking case of Uniplex (UK) Limited v NHS Business Services Authority