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

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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

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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

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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

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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

Meaning, AI, and procurement — some thoughts — How to Crack a Nut – Go Health Pro

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Meaning, AI, and procurement — some thoughts — How to Crack a Nut – Go Health Pro

James McKinney and Volodymyr Tarnay of the Open Contracting Partnership have published ‘A gentle introduction to applying AI in procurement’. It is a very accessible and helpful primer on some of the most salient issues to be considered when exploring the possibility of using AI to extract insights from procurement big data. The OCP introduction … Read more

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