Further confusion on duty of the European Commission to assess State aid measures’ compatibility with other rules of EU internal market law (C‑490/23 P) — How to Crack a Nut – Go Health Pro

Further confusion on duty of the European Commission to assess State aid measures’ compatibility with other rules of EU internal market law (C‑490/23 P) — How to Crack a Nut – Go Health Pro

The Court of Justice has been recently presented with some cases where a State aid measure was argued to have (not) infringed EU internal market law and should thus (not) have been authorised by the European Commission. These cases raise the common issue of the Commission’s duty to assess proposed State aid measures for compliance … Read more

Learning digital procurement’s hard lessons before jumping in at the AI deep end — How to Crack a Nut – Go Health Pro

Learning digital procurement’s hard lessons before jumping in at the AI deep end — How to Crack a Nut – Go Health Pro

In quick succession after the UK Government published its AI Opportunities Action Plan, the National Audit Office (NAO) released its report ‘Government’s approach to technology suppliers: addressing the challenges’ (the NAO digital procurement report). Reading both documents in relation to each other paints a picture of the difficulties and pitfalls in the acceleration of public … Read more

The UK’s AI Opportunities Action Plan — a procurement view — How to Crack a Nut – Go Health Pro

The UK’s AI Opportunities Action Plan — a procurement view — How to Crack a Nut – Go Health Pro

The UK Government has today published its AI Opportunities Action Plan, focused on “Ramping up AI adoption across the UK to boost economic growth, provide jobs for the future and improve people’s everyday lives”. The plan heavily focuses on public sector AI adoption and formulates a series of recommendations to boost AI procurement. In this … Read more

Kolin (C-652/22) — Guest post by Prof Roberto Caranta — How to Crack a Nut – Go Health Pro

Kolin (C-652/22) — Guest post by Prof Roberto Caranta — How to Crack a Nut – Go Health Pro

It is pleasure to host the views of Prof Roberto Caranta on the controversial Kolin case. Over the years, I have learned a lot and developed my thinking thanks to debates with Roberto. When we agree, his views always have interesting nuance and, when we disagree, his views offer strong intellectual challenge for me. This … Read more

The Court of Justice decidedly jumps on the procurement protectionism bandwagon, creating legal uncertainty along the way (C‑652/22) — How to Crack a Nut – Go Health Pro

The Court of Justice decidedly jumps on the procurement protectionism bandwagon, creating legal uncertainty along the way (C‑652/22) — How to Crack a Nut – Go Health Pro

By falling just short of mandating a complete ban on access to EU procurement by third-country economic operators not covered by international agreements, in Kolin Inşaat Turizm Sanayi ve Ticaret (C-652/22) (‘Kolin’), the Court of Justice has suddenly crystallised a change in EU procurement-related trade policy. Kolin will have many, and potentially quite problematic, practical … Read more

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