This note is by its nature a summary only, and is not legal advice. Procurement law remedies – before and after For procurements commenced on or after 20 December 2009, there are changes to the legal remedies available to suppliers for breaches of procurement law. There are also changes to the procedures which support the remedies. The table which follows summarises these changes. Before After Court order to interrupt procurement process, or overturn a pre-award decision. No change, but guidance given to courts as to factors to be weighed in decision to interrupt. Minimum standstill period of 10 days. Minimum standstill period is 10 days only if electronic communication is used. With postal or other communication, the period is 15 days. Please see the separate note on the new standstill procedure. No prohibition on awarding contract after the standstill period, even if court proceedings in progress. Automatic suspension of process. The contract cannot be awarded if court proceedings have been served. After contract award, damages are the only remedy. New remedy of contract ineffectiveness for some breaches. New remedy of contract curtailment (shortening of term) for some breaches. No monetary sanction regime. The court may impose fines for some breaches. Damages. No change. Time limits for bringing court proceedings: "promptly" and (generally) 3 months. For ineffectiveness, the time limits are 30 days or 6 months, depending on whether contract award is published. The "promptly" requirement has been clarified as never being less than 10 days (or 15 days) from communication. Complaint to the EU Commission. No change.

Procurement law remedies before and after

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Procurement Remedies

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This note is by its nature a summary only, and is not legal advice.

Procurement law remedies –before and after

For procurements commenced on or after 20 December2009, there are changes to the legal remedies available tosuppliers for breaches of procurement law. There are alsochanges to the procedures which support the remedies.

The table which follows summarises these changes.

Before After

Court order to interrupt procurementprocess, or overturn a pre-awarddecision.

No change, but guidance given to courtsas to factors to be weighed in decision tointerrupt.

Minimum standstill period of 10 days. Minimum standstill period is 10 days onlyif electronic communication is used. Withpostal or other communication, theperiod is 15 days.

Please see the separate note on the newstandstill procedure.

No prohibition on awarding contract afterthe standstill period, even if courtproceedings in progress.

Automatic suspension of process. Thecontract cannot be awarded if courtproceedings have been served.

After contract award, damages are theonly remedy.

New remedy of contract ineffectivenessfor some breaches.

New remedy of contract curtailment(shortening of term) for some breaches.

No monetary sanction regime. The court may impose fines for somebreaches.

Damages. No change.

Time limits for bringing courtproceedings: "promptly" and (generally)3 months.

For ineffectiveness, the time limits are 30days or 6 months, depending on whethercontract award is published.

The "promptly" requirement has beenclarified as never being less than 10 days(or 15 days) from communication.

Complaint to the EU Commission. No change.