Can a contracting authority allow a tender to be corrected after the tender deadline?

Although the case is Scottish, and decided under the Scottish regulations, the decision is of interest to all procurement professionals for the way it applies the EU principles of proportionality and equal treatment. The Court considered several authorities on tender errors and clarifications. For contracting authorities, this case highlights the perils associated with exercising flexibility in applying their own specified instructions to tenders in terms of the principles of proportionality and equal treatment. Read Full Article…

Sales and Guarantees Directive: ‘seller’ of consumer goods includes trader who fails to tell consumer it is acting as intermediary for private seller

In the Belgian case of Wathelet v Garage Bietheres & Fils SPRL, Case C-149/15, the Court of Justice of the European Union considered the definition of ‘seller’ under Article 1(2)(c) of the Sales and Guarantees Directive (1999/44/EC) (the Directive). The Directive requires a seller to deliver goods to the consumer that conform to the contract of sale and, in the event of the goods not conforming, to repair or replace them. Read Full Article…

Unified Patent Court Agreement

On 28 November 2016, the UK government confirmed that it is ‘proceeding with preparations to ratify the Unified Patent Court Agreement.’ The UPC Agreement is part of the process required to establish the Unitary Patent and the Unified Patent Court (‘the Court’). It is the intention that the ‘court will make it easier for British businesses to protect their ideas and inventions from being illegally copied by companies in other countries.’ Read Full Article…