Court Adopts Implied Criteria and Causal Connection Tests

By Paul Emanuelli In its December 2017 decision in European Union Intellectual Property Office v. European Dynamics Luxembourg SA, the European Court of Justice overturned a lower court ruling that found a government body liable for relying on unstated sub-criteria [...]

Audit Calls for Better Local Asset Management

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its November 2017 report entitled Getting the right information to effectively manage public assets, New Zealand’s Auditor General found [...]

Contractor Sentenced For Role in Australian Conspiracy

By Paul Emanuelli In its November 2017 decision in The Queen v. Salter, the Supreme Court of Victoria sentenced a contractor to four years and five months in prison for his role in a bribery scheme involving government contracts. The [...]

Lack of Proper Oversight in Jamaica’s St. Ann Parish

By Paul Emanuelli In its November 2017 Special Report on St. Ann Municipal Corporation Contracts, Jamaica’s Contractor General found widespread contracting irregularities in Jamaica’s St. Ann Parish. The report found an absence of bid evaluation records, the lack of records [...]

Court Upholds Subcontractor Debarment in Italian Tender

By Paul Emanuelli In its September 2017 decision in Casertana Costruzioni Srl v. Ministero delle Infrastrutture e dei Trasporti, the European Court of Justice ruled that the Italian transportation ministry properly rejected a bidder for naming a barred subcontractor in [...]

Court Lifts Injunction Against Health Services Contract

By Paul Emanuelli In its July 2017 decision in Sysmex (UK) Ltd v Imperial College Healthcare NHS Trust, the High Court of Justice of England and Wales lifted a temporary injunction against the award of a pathology services contract. The [...]

Court Upholds Slovakian Letter of Credit Requirement

By Paul Emanuelli In its July 2017 decision in Ingsteel and Metrostav v. Úrad pre verejné obstarávanie, the European Court of Justice ruled that a public body is permitted to screen bidders for letters of credit when assessing tender compliance. [...]