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Northern Ireland Court of Appeal dismisses appeals regarding framework agreements

United Kingdom - April 2 2012 The Court of Appeal in Northern Ireland has dismissed two appeals against separate rulings of the High Court that set aside framework agreements entered into by Northern Irish government departments following breaches of the public procurement rules on the grounds on the one hand that the Department had failed to disclose sub-criteria used in assessing the tender and the weightings applied to those sub-criteria and on the other that the Department made a manifest error in the pricing mechanism used to assess tenders.

EU General Court dismisses appeal against EU Commission procurement process

European Union - April 2 2012 The General Court dismissed an appeal by the Greek company Evropaiki Dynamiki against a European Commission procurement process for the supply of IT services to maintain and develop information systems for the Directorate-General for Maritime Affairs and Fisheries.

Court of Appeal rules on concession agreement

United Kingdom - April 2 2012 In relation to whether certain contracts awarded by the Ministry of Justice should be classified as public service contracts or public service concessions, the Court of Appeal concluded that contracts for the provision of bailiff services constituted services concessions on the basis that the fees for the services were collected from third parties and the risks relating to the management and operation of the bailiff service were transferred to the contractor.

Commission guidance on application of EU public procurement law to public-public co-operation

European Union - April 2 2012 On 6 October 2011, the European Commission published a staff working paper concerning the application of EU public procurement law to relations between contracting authorities (SEC(2011)1169).

Requirements to use specific eco-labels breach procurement rules

European Union, Netherlands - April 2 2012 In relation to an action brought by the European Commission alleging that the Netherlands is in breach of its obligations under Directive 2004/18 concerning the award by the Province of Noord-Holland of a public contract for the supply and management of coffee machines.