The European Court of Justice (ECJ) has ruled that, the right to damages for breach of the procurement rules is not conditional on establishing that the contracting authority was at fault. The issue arose in a preliminary ruling, Stadt Graz (C-314/09), from an Austrian court in relation to a disputed contract for supply of bitumous hot mix asphalt. Following its reasoning in an earlier case, Commission v Portugal (C-275/03), the ECJ confirmed that there cannot be a limitation in national law on the right of an aggrieved bidder to seek damages on the basis that the legal error was ‘excusable’.