Damages for losses from breach of public procurement rules

摘要

The case of Aquatron Marine v Strathclyde Fire Board concerned the now superseded Public Services Contract Regulations 1993 but the decision would apply equally to the current Public Contract (Scotland) Regulations 2006 and the Utilities Contract (Scotland) Regulations 2006. The basic principle at the heart of European procurement law is the duty on a contracting authority (be that a local authority, police or fire board, or harbour authority for example) to observe the principle of 'equal treatment of tenderers'. The contract had to be advertised in the Official Journal of the European Union(OJEU) with basic minimum standards of economic, financial and technical capacity being specified.