Advocate General Sharpston has handed down an opinion on a reference from a German court on the application of time limits for bringing a challenge against the award of a public contract. The Advocate General found that the Remedies Directive (Directive 89/665) does not preclude member states from barring challenges to tender procedures outside a set time period, provided that the application of the time limit does not make it virtually impossible or excessively difficult to challenge the procedure in the circumstances (for example where the information in the tender notice or tender documents were insufficient to allow a reasonably well informed and diligent tenderer to discover that the wrong procurement procedure had been used).

Opinion