The "Abuse of Rights" in Light of the CJEU Case Law. A Radiography of Decision C-434/12

[...]any artificial creation of the conditions imposed by EU law as a condition precedent to the granting of certain financial benefits, once proved in court, should lead - as in any other cases of abuses of rights and fraud - to the annulment, ex tunc, of the affected procurement contracts. [...]pr...

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Bibliographic Details
Published in:European procurement & public private partnership law review 2014-04, Vol.9 (2), p.138
Main Author: Baciu, Ioan
Format: Article
Language:English
Subjects:
Accountability
Beneficiaries
Budgets
Councils
Fraud
Principles
Radiography
Regulation of financial institutions
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Summary:[...]any artificial creation of the conditions imposed by EU law as a condition precedent to the granting of certain financial benefits, once proved in court, should lead - as in any other cases of abuses of rights and fraud - to the annulment, ex tunc, of the affected procurement contracts. [...]provided that the proposal for a directive of the European Parliament and of the Council on the fight against fraud to the Union's financial interests by means of criminal law116 will be finally adopted in the form amended by the European Parliament, the prosecuted fraudsters (legal persons) are more likely to also be subjected to the complementary sanction of "temporary or permanent exclusion from Union tender procedures".117 All these are bound to make, in the end, for a healthier, sounder procurement market.
ISSN:2194-7376
2194-7384