EU law problem question
Hi
I am looking through past papers and i was wondering if someone could give me some advice as to how to go about answering this question.
Pierre is a founder shareholder and CEO of Vent SA, a wind power company. Directive 12/297 provides for a detailed regime concerning procurement procedures in the energy sector. It provides for an exception in Article 8:
‘1. The directive shall not apply to contracts where other entities are free to offer the same services in the same geographical area and under substantially the same conditions.
2. The contracting entities shall notify the Commission at its request of any services they regard as covered by the exclusion referred to paragraph 1’.
France has implemented the Directive by virtue of Regulation No. 37/2011, but the latter provides that competence to determine which companies are to be excluded from the scope of this regime (under Article 8) rests with the French authorities and Vent SA are not classed as falling under the exemption. Vent argues that according to the Directive, determination of the companies to be exempted should be vested in the contracting entities themselves, and that the Directive was incorrectly transposed. It claims damages for the loss suffered related to additional expenses borne by it in complying with the Regulation. France argues that the provision of the Directive was not clear, and that other Member States had interpreted the provision in the same way.
Discuss issues related to claims for damages on the basis of state liability
I am looking through past papers and i was wondering if someone could give me some advice as to how to go about answering this question.
Pierre is a founder shareholder and CEO of Vent SA, a wind power company. Directive 12/297 provides for a detailed regime concerning procurement procedures in the energy sector. It provides for an exception in Article 8:
‘1. The directive shall not apply to contracts where other entities are free to offer the same services in the same geographical area and under substantially the same conditions.
2. The contracting entities shall notify the Commission at its request of any services they regard as covered by the exclusion referred to paragraph 1’.
France has implemented the Directive by virtue of Regulation No. 37/2011, but the latter provides that competence to determine which companies are to be excluded from the scope of this regime (under Article 8) rests with the French authorities and Vent SA are not classed as falling under the exemption. Vent argues that according to the Directive, determination of the companies to be exempted should be vested in the contracting entities themselves, and that the Directive was incorrectly transposed. It claims damages for the loss suffered related to additional expenses borne by it in complying with the Regulation. France argues that the provision of the Directive was not clear, and that other Member States had interpreted the provision in the same way.
Discuss issues related to claims for damages on the basis of state liability
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