European Union Public Procurement Remedies Regimes

2012 ◽  
pp. 162-184
Author(s):  
Kai Krüger
Keyword(s):  
European Union ◽  
Public Procurement ◽  
European Economic Area ◽  
European Economic ◽  
Eu Member States ◽  
Eu Directive ◽  
Court Of Justice ◽  
Economic Area ◽  
Set Up ◽  
The Eu

The chapter explores the Nordic statutory EU-based remedy regimes. Due to the European Economic Area (EEA) agreement, the EU commitments do not vary between EU member states, Denmark, Finland, and Sweden and (non-members) Norway and Iceland. The legislation on procurement remedies is assumed to be EU/EEA compliant. There are however material differences in the set up for handling disputes and complaints—also subsequent to the 2010-2012 Nordic adaptation of EU Directive 2007/66/EC on enhanced procurement remedies. The pending issue is whether the EU “sufficiently serious breach” principle on treaty infringements applies on liability for procurement flaws. Loss of contract damage has been awarded in all Nordic countries, whereas cases on negative interest (costs in preparing futile tender bids) seem more favorable to plaintiffs. Per mid-2012, there are no Nordic rulings on the effect of the recent somewhat ambiguous EU Court of Justice Strabag and Spijkers 2010 rulings.

scholarly journals To the introduction of a sustainable mechanism for approximation of the legislation of Ukraine in the field of intellectual property to the legislation of the European Union

2020 ◽  
Vol 3 ◽  
pp. 112-117
Author(s):  
Yurii Kapitsa
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
European Economic Area ◽  
The European Union ◽  
Methodological Issues ◽  
European Economic ◽  
Eu Legislation ◽  
Court Of Justice ◽  
Economic Area ◽  
The Eu

Methodological issues of approximation of the Ukrainian legislation to the EU legislation in the field of intellectual property are considered. The need for adoption of a sustainable approximation mechanism is justified, including the need of defining Ukraine’s commitments to implement the EU acquis; taking into account the experience of European Economic Area countries in applying of the decisions of the Court of Justice; introducing an analysis of the effectiveness of the application of legislation etc.

scholarly journals Risk of hospitalization and risk of death for healthcare workers with COVID-19 in nine European Union/European Economic Area countries, January 2020–January 2021

2021 ◽  
Author(s):  
Lisa Ferland ◽  
Joana Gomes Dias ◽  
Carlos Carvalho ◽  
Cornelia Adlhoch ◽  
Carl Suetens ◽  
...  
Keyword(s):  
European Union ◽  
Healthcare Workers ◽  
European Economic Area ◽  
European Economic ◽  
Adjusted Risk ◽  
Risk Of Death ◽  
Economic Area ◽  
The Impact ◽  
The Eu

AbstractWe assessed the impact of COVID-19 on healthcare workers (HCWs) from data on 2.9 million cases reported from nine countries in the EU/EEA. Compared to non-HCWs, HCWs had a higher adjusted risk of hospitalization (IRR 3.0 [95% CI 2.2-4.0]), but not death (IRR 0.9, 95% CI 0.4-2.0).Article Summary LineHealthcare workers are hospitalized more frequently than non-healthcare workers when adjusting for age, sex, and comorbidities.

scholarly journals The Nordea Bank Denmark Case (C-48/13)

2014 ◽  
Vol 2014 (2) ◽  
pp. 231-242
Author(s):  
Anders Nørgaard Laursen
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Tax Law ◽  
European Economic Area ◽  
Member States ◽  
European Economic ◽  
Court Of Justice ◽  
Economic Area ◽  
European Court

Abstract This paper reports on an investigation of a recent decision by the European Court of Justice (ECJ) in case C-48/13, Nordea Bank Denmark, concerning the Danish rules for reincorporation of losses from permanent establishments situated in European Union/ European Economic Area (EU/EEA) member states other than Denmark. The article includes comments on various EU tax law aspects of the case - namely the restriction test applied by the ECJ, the justifications brought forward by the intervening governments and the question of proportionality - and examines the consequences of the Danish tax law going forward.

scholarly journals Die EU und ihre Nachbarschaftsbeziehungen: etablierte Assoziierungsmodelle und neue Grundformen

IG ◽  
2019 ◽  
Vol 42 (2) ◽  
pp. 83-96 ◽  
Author(s):  
Barbara Lippert
Keyword(s):  
European Union ◽  
European Economic Area ◽  
The European Union ◽  
European Economic ◽  
Economic Area ◽  
The Creation ◽  
The Eu

In this article, the author presents established models of association of the European Union (EU) with European third countries. She shows their different strategic perspectives, outlines benefits and problems, and examines the potential for developing these relations. Basically, these can go in the direction of expanding or dismantling partial sectoral integration. In addition, new basic forms of EU neighbourhood relations are discussed: the introduction of a new status of partial membership in the EU and - inspired by the European Economic Area - the creation of a European political and economic area.

scholarly journals Surveillance perspective on Lyme borreliosis across the European Union and European Economic Area

2017 ◽  
Vol 22 (27) ◽  
Author(s):  
Cees C van den Wijngaard ◽  
Agnetha Hofhuis ◽  
Mariana Simões ◽  
Ente Rood ◽  
Wilfrid van Pelt ◽  
...  
Keyword(s):  
European Union ◽  
Lyme Borreliosis ◽  
Erythema Migrans ◽  
Case Definition ◽  
European Economic Area ◽  
The European Union ◽  
European Economic ◽  
Key Indicator ◽  
Economic Area ◽  
The Eu

Lyme borreliosis (LB) is the most prevalent tick-borne disease in Europe. Erythema migrans (EM), an early, localised skin rash, is its most common presentation. Dissemination of the bacteria can lead to more severe manifestations including skin, neurological, cardiac, musculoskeletal and ocular manifestations. Comparison of LB incidence rates in the European Union (EU)/European Economic Area (EEA) and Balkan countries are difficult in the absence of standardised surveillance and reporting procedures. We explored six surveillance scenarios for LB surveillance in the EU/EEA, based on the following key indicators: (i) erythema migrans, (ii) neuroborreliosis, (iii) all human LB manifestations, (iv) seroprevalence, (v) tick bites, and (vi) infected ticks and reservoir hosts. In our opinion, neuroborreliosis seems most feasible and useful as the standard key indicator, being one of the most frequent severe LB manifestations, with the possibility of a specific case definition. Additional surveillance with erythema migrans as key indicator would add value to the surveillance of neuroborreliosis and lead to a more complete picture of LB epidemiology in the EU/EEA. The other scenarios have less value as a basis for EU-level surveillance, but can be considered periodically and locally, as they could supply complementary insights.

scholarly journals Potential scenarios for the progression of a COVID-19 epidemic in the European Union and the European Economic Area, March 2020

2020 ◽  
Vol 25 (9) ◽  
Author(s):  
Helen C Johnson ◽  
Céline M Gossner ◽  
Edoardo Colzani ◽  
John Kinsman ◽  
Leonidas Alexakis ◽  
...  
Keyword(s):  
European Union ◽  
Severe Acute Respiratory Syndrome ◽  
European Economic Area ◽  
The European Union ◽  
European Economic ◽  
Economic Area ◽  
Community Transmission ◽  
Transmission Phase ◽  
The Eu

Two months after the emergence of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), the possibility of established and widespread community transmission in the European Union and European Economic Area (EU/EEA) is becoming more likely. We provide scenarios for use in preparedness for a possible widespread epidemic. The EU/EEA is moving towards the ‘limited sustained transmission’ phase. We propose actions to prepare for potential mitigation phases and coordinate efforts to protect the health of citizens.

Joint Tendering in the European Economic Area

2020 ◽  
Vol 20 (1) ◽  
pp. 201-219
Author(s):  
Michal Petr
Keyword(s):  
Public Procurement ◽  
Competition Law ◽  
Case Law ◽  
European Economic Area ◽  
European Economic ◽  
Current State ◽  
Economic Area ◽  
Future Practice ◽  
The Eu ◽  
Do So

SummaryThe EU regulation of public procurement strives to create a set of rules that would enable the contracting authority to choose the best bid. In order to do so, it also tries to widen the circle of potential bidders by enabling their horizontal (consortia) as well as vertical (subcontracting) cooperation. Such cooperation may enable the participation of undertakings that would not be otherwise in position to bid on their own, thus increasing the number of bidders and promoting competition among them. At the same time, such arrangements may be contrary to competition law which prohibits coordination of competitors. Joint tendering is ubiquitous within the European Economic Area, and yet the case-law on its compliance with competition law is strikingly divergent. This article provides an overview of the current state of play and some suggestions for future practice.

scholarly journals The (Uncertain) Impact of Brexit on the United Kingdom's Membership in the European Economic Area

2017 ◽  
Author(s):  
Ulrich G. Schroeter ◽  
Heinrich Nemeczek
Keyword(s):  
European Union ◽  
European Economic Area ◽  
Implicit Assumption ◽  
The European Union ◽  
Business Law ◽  
European Economic ◽  
Eu Membership ◽  
Economic Area ◽  
The Uk ◽  
The Eu

Until recently, the on-going legal discussions about ‘Brexit’, the United Kingdom’s upcoming withdrawal from the European Union (EU), have predominantly focused on the requirements and consequences of the withdrawal procedure set out in Article 50 of the Treaty on European Union (TEU). A hitherto neglected, though arguably no less important question concerns the effect, if any, that a withdrawal from the EU will have on the UK’s membership in the European Economic Area (EEA): Given that the EEA extends many aspects of EU membership beyond the EU’s borders, resulting in a Common Market ‘light’, a future UK membership in the EEA could – at least from a European business law point of view – effectively result in ‘business as usual’, as a significant share of EU law would continue to apply to UK companies, albeit in form of EEA law.Against this background, it is interesting to note that legal analyses of Brexit generally assume that the UK’s EEA membership will be terminated ipso iure, should the UK decide to withdraw from the EU. According to this view, the UK subsequently could (re-)apply for EEA membership should its government so choose, with such an application having to be accepted by all remaining EEA Contracting Parties – an option commonly referred to as the ‘Norway option’ in reference to Norway’s status within the EEA. The present article challenges the underlying (and often merely implicit) assumption that the UK’s withdrawal from the EU will automatically result in its withdrawal from the EEA, given that the EEA Agreement is a separate international treaty subject to separate legal rules governing withdrawals and effects of possible changes in EU membership. It argues that a withdrawal from the EU will in fact not affect the UK’s continuing EEA membership, as long as the UK does not voluntarily choose to also withdraw from the EEA. It then analyses the post-Brexit situation under the EEA Agreement by addressing its practical application to a number of different areas, as inter alia the free movement of UK companies within the EEA, the future of the ‘European passport’ for UK credit institutions and investment firms, as well as the free (but possibly restrictable) movement of workers in the EEA.

scholarly journals Application of a new methodology and R package reveals a high burden of healthcare-associated infections (HAI) in Germany compared to the average in the European Union/European Economic Area, 2011 to 2012

2019 ◽  
Vol 24 (46) ◽  
Author(s):  
Benedikt Zacher ◽  
Sebastian Haller ◽  
Niklas Willrich ◽  
Jan Walter ◽  
Muna Abu Sin ◽  
...  
Keyword(s):  
European Union ◽  
R Package ◽  
European Economic Area ◽  
Healthcare Associated Infections ◽  
The European Union ◽  
High Burden ◽  
European Economic ◽  
Economic Area ◽  
Healthcare Associated ◽  
The Eu

Background Healthcare-associated infections (HAIs) pose a major challenge to health systems. Burden of disease estimations in disability-adjusted life years (DALYs) are useful for comparing and ranking HAIs. Aim To estimate the number of five common HAIs, their attributable number of deaths and burden for Germany. Methods We developed a new method and R package that builds on the approach used by the Burden of Communicable Diseases in Europe (BCoDE) project to estimate the burden of HAIs for individual countries. We used data on healthcare-associated Clostridioides difficile infection, healthcare-associated pneumonia, healthcare-associated primary bloodstream infection, healthcare-associated urinary tract infection and surgical-site infection, which were collected during the point prevalence survey of HAIs in European acute-care hospitals between 2011 and 2012. Results We estimated 478,222 (95% uncertainty interval (UI): 421,350–537,787) cases for Germany, resulting in 16,245 (95% UI: 10,863–22,756) attributable deaths and 248,920 (95% UI: 178,693–336,239) DALYs. Despite the fact that Germany has a relatively low hospital prevalence of HAIs compared with the European Union/European Economic Area (EU/EEA) average, the burden of HAIs in Germany (308.2 DALYs/100,000 population; 95% UI: 221.2–416.3) was higher than the EU/EEA average (290.0 DALYs/100,000 population; 95% UI: 214.9–376.9). Our methodology is applicable to other countries in or outside of the EU/EEA. An R package is available from https://CRAN.R-project.org/package=BHAI. Conclusion This is the first study to estimate the burden of HAIs in DALYs for Germany. The large number of hospital beds may be a contributing factor for a relatively high burden of HAIs in Germany. Further focus on infection prevention control, paired with reduction of avoidable hospital stays, is needed to reduce the burden of HAIs in Germany.

Resurrecting positive action

2020 ◽  
Vol 18 (2) ◽  
pp. 429-433
Author(s):  
Christopher McCrudden
Keyword(s):  
European Union ◽  
Gender Equality ◽  
European Economic Area ◽  
The European Union ◽  
European Economic ◽  
Economic Area ◽  
Positive Action ◽  
Regulatory Approach ◽  
The Eu

Abstract The idea of “positive action” has long been regarded as a key element in a gender equality strategy and has been extensively promoted by the European Union (EU) as such. This brief comment considers: (i) how far positive action has been adopted in the EU and the European Economic Area (EEA); (ii) the reasons why the practice of positive action has fallen short of the ambitions that the EU has had for it; and (iii) how it might best be resurrected. I emphasize in particular the need for a radically revised regulatory approach to be adopted, one more in keeping with the insights of regulatory theory in other contexts.

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