The CJEU Fastweb PFE line of jurisprudence on the review procedures to the award of public procurement contracts
The CJEU Fastweb PFE line of jurisprudence on the review procedures to the award of public procurement contracts

Summary/Abstract: The creation of a single EU procurement market is a major achievement of the Union. Therefore, the correct implementation and application of the EU law in this field bears a heavy importance The study analyses three legal issues from the field of review proceedings related to the award public procurement contracts: the devolution powers of the review body when it hears an action regarding the award of a contract, the condition regarding the interest in exercising review proceedings and the so called "paralysing" actions. All these issues have been clarified and developed in the recent case law of the Court of Justice of the European Union and it is referred therein as "Fastweb PFE line of jurisprudence". It constitutes a suggestive example on how national acts can hinder the correct implementation of EU law. The cases mentioned above originated in a contrary regulation enacted in a member state. The study aims to ease the process of application of this jurisprudential line, framing in universal legal concepts the specialized, complicated, compact EU doctrine.

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