Much ado about nothing? — How to Crack a Nut – Go Health Pro

Much ado about nothing? — How to Crack a Nut – Go Health Pro

The UK Government’s Department for Science, Innovation and Technology (DSIT) has recently published its Initial Guidance for Regulators on Implementing the UK’s AI Regulatory Principles (Feb 2024) (the ‘AI guidance’). This follows from the Government’s response to the public consultation on its ‘pro-innovation approach’ to AI regulation (see here). The AI guidance is meant to … Read more

Will the ECJ mandate protectionism in procurement — comments on AG Collins’ Kolin Opinion (C-652/22) — How to Crack a Nut – Go Health Pro

Will the ECJ mandate protectionism in procurement — comments on AG Collins’ Kolin Opinion (C-652/22) — How to Crack a Nut – Go Health Pro

In the Opinion in Kolin Inşaat Turizm Sanayi ve Ticaret (C-652/22, EU:C:2024:212, hereafter ‘Kolin’), Advocate General Collins has argued that only economic operators established in countries party to international agreements on public contracts that bind the EU may rely on the provisions of Directive 2014/25/EU. This would imply that economic operators established in other countries … Read more

Transposing Directives no longer so discretionary! The Court of Justice forces transposition of discretionary exclusion grounds and hints at ‘intra-State’ vertical direct effect (C‑66/22) — How to Crack a Nut – Go Health Pro

Transposing Directives no longer so discretionary! The Court of Justice forces transposition of discretionary exclusion grounds and hints at ‘intra-State’ vertical direct effect (C‑66/22) — How to Crack a Nut – Go Health Pro

** This comment was first published as an Op-Ed for EU Law Live on 8 December 2022 (see formatted version). I am reposting it here in case of broader interest. ** On the face of it, in Infraestruturas de Portugal and Futrifer Indústrias Ferroviárias (C-66/22), the Court of Justice had to assess whether Member States … Read more

Did you use AI to write this tender? What? Just asking! — Also, how will you use AI to deliver this contract? — How to Crack a Nut – Go Health Pro

Did you use AI to write this tender? What? Just asking! — Also, how will you use AI to deliver this contract? — How to Crack a Nut – Go Health Pro

More generally, the AI PPN is bound to be controversial and has already spurred insightful discussion on LinkedIn. I would recommend the posts by Kieran McGaughey and Ian Makgill. I offer some additional thoughts here and look forward to continuing the conversation. In my view, one of the potential issues arising from the AI PPN … Read more

Interesting AG Opinion on State aid analysis of procurement compliance, definition of public works contracts, and ‘strategic’ use of remedies by contracting authorities (C-28/23) — How to Crack a Nut – Go Health Pro

Interesting AG Opinion on State aid analysis of procurement compliance, definition of public works contracts, and ‘strategic’ use of remedies by contracting authorities (C-28/23) — How to Crack a Nut – Go Health Pro

On 11 April 2024, AG Campos Sánchez-Bordona delivered his Opinion in NFŠ (C-28/23, EU:C:2024:306). The NFŠ Opinion is very interesting in three respects. First, in addressing some aspects of the definition of public works contracts that keep coming up in litigation in relation to relatively complex real estate transactions. Second, in addressing the effects of … Read more

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