This is a blog about the use of emerging technologies to boost the governance of public procurement. It used to be a blog on EU law, with a focus on free movement, public procurement and competition law issues (thus the long archive of entries about those topics). I use it to publish my thoughts and to test some ideas. All comments are personal and in no way bind any of the institutions to which I am affiliated and, particularly, the University of Bristol Law School. I hope to spur discussion and look forward to your feedback and participation.

Is it Irrelevant whether a Procurement Review Body is Judicial in Character? Case C-303/22, CROSS Zlín

January 16, 2025

I have uploaded on SSRN a case comment on CROSS Zlín, C-303/22, EU:C:2024:60.

In the case comment, I reflect on the CJEU’s position that, for the purposes of suspending the effectiveness of contract award decisions and preventing the conclusion of public contracts, it is irrelevant whether a procurement review body is judicial in character or not. Given the difficulties I find in systematising (or fully understanding) the rules on administrative and judicial review bodies in the Remedies Directive, I reiterate the call for its review.

The paper is freely downloadable and, as always, I would warmly welcome any comments.

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