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2024-03 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2024)

handle is hein.intyb/rcbjcofi0437 and id is 1 raw text is: CVRIA Reports of Cases OPINION OF ADVOCATE GENERAL COLLINS delivered on 7 December 20231 Case C-547/22 INGSTEEL spol. s. r. o. V Urad pre verejne obstaravanie (Request for a preliminary ruling from the Okresnj snd Bratislava II (District Court, Bratislava II, Slovakia)) (Reference for a preliminary ruling - Public procurement - Review procedures - Directive 89/665/EEC - Non-contractual liability of Member States - Action for damages for breach of EU law by an unsuccessful tenderer - Quantification - Loss of profit - Loss of opportunity) I. Introduction 1. Does EU law require Member States to admit a claim in damages for loss of opportunity by a tenderer unlawfully excluded from a procedure for the award of a public contract where that procedure has concluded and a contract entered into with the successful tenderer? The answer to that question requires the Court of Justice to determine whether the laws of the Member States regulate the award of damages to which Article 2(1)(c) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts2 refers. If so, the Court must examine the consequences of the requirement that those laws must comply with the principle of effectiveness. 1 Original language: English. 2 OJ 1989 L 395, p. 33, as amended by Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 (OJ 2007 L 335, p. 31) and by Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 (OJ 2014 L 94, p. 1). ECLI:EU:C:2023:9671 1

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