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European Union – Public procurement. The Court of Justice of the European Union gave a preliminary ruling, deciding that EU law precluded national legislation which made bringing an action for damages in respect of the infringement of a rule of public procurement law subject to a prior finding that the public procurement procedure for the contract in question was unlawful because of the lack of prior publication of a contract notice, where the action for a declaration of unlawfulness was subject to a six-month limitation period which started to run on the day after the date of the award of the public contract in question, irrespective of whether or not the applicant in that action had been in a position to know of the unlawfulness affecting the decision of the awarding authority.
European Union – Public procurement. The Court of Justice of the European Union gave a preliminary ruling, deciding that EU law precluded national legislation which made bringing an action for damages in respect of the infringement of a rule of public procurement law subject to a prior finding that the public procurement procedure for the contract in question was unlawful because of the lack of prior publication of a contract notice, where the action for a declaration of unlawfulness was subject to a six-month limitation period which started to run on the day after the date of the award of the public contract in question, irrespective of whether or not the applicant in that action had been in a position to know of the unlawfulness affecting the decision of the awarding authority.
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