Analysis of Legal Provisions<\/title><br \/>\n<\/head><\/p>\n<h3>Directive 2004\/18\/EC on Public Contracts<\/h3>\n<h4>Article 1: Definitions<\/h4>\n<p><strong>Public Contracts<\/strong> are defined as contracts for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities. These contracts involve the execution of works, the supply of products, or the provision of services within the scope of the directive.<br \/>\n<strong>Public Works Contracts<\/strong> specifically refer to contracts that involve the execution or both the design and execution of works related to activities listed in Annex I. Additionally, they include the realization of a work that meets the requirements specified by the contracting authority. A \u201cwork\u201d is the outcome of building or civil engineering activities sufficient to fulfill an economic or technical function.<br \/>\n<strong>Contracting Authorities<\/strong> encompass the State, regional or local authorities, bodies governed by public law, and associations formed by such authorities or bodies governed by public law.<\/p>\n<h3>Directive 2014\/24\/EU on Public Procurement<\/h3>\n<h4>Article 1: Scope<\/h4>\n<p>This directive establishes rules for the procurement procedures of contracting authorities concerning public contracts and design contests, especially those with values not less than the thresholds outlined in Article 4.<\/p>\n<h4>Article 2: Definitions<\/h4>\n<p><strong>Contracting Authorities<\/strong> include the State, regional or local authorities, bodies governed by public law, and associations formed by such authorities or bodies governed by public law.<br \/>\n<strong>Public Contracts<\/strong> are contracts for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities, involving the execution of works, the supply of products, or the provision of services.<br \/>\n<strong>Public Works Contracts<\/strong> are a subset of public contracts focused on the realization of works based on requirements specified by the contracting authority, with the contracting authority exerting decisive influence over the type or design of the work.<\/p>\n<h4>Article 83: Enforcement<\/h4>\n<p>Member States must ensure effective implementation by designating competent authorities, bodies, or structures. These entities are responsible for monitoring the application of public procurement rules. If violations or systemic problems are identified, they are empowered to refer these issues to national auditing authorities, courts, tribunals, or other appropriate bodies.<\/p>\n<h4>Article 90: Transposition<\/h4>\n<p>Member States are required to adopt necessary laws, regulations, and administrative provisions to comply with this directive by April 18, 2016.<\/p>\n<h4>Article 91: Repeal<\/h4>\n<p>Directive 2004\/18\/EC is repealed effective from April 18, 2016.<\/p>\n<h3>Directive 89\/665\/EEC on Review Procedures for Public Contracts<\/h3>\n<h4>Article 1: Scope and Availability of Review Procedures<\/h4>\n<p>Member States must ensure that decisions by contracting authorities regarding public contracts can be effectively reviewed. These review procedures should be accessible to any person with an interest in obtaining a particular contract who has been or may be harmed by an alleged infringement.<\/p>\n<h4>Article 2d: Ineffectiveness<\/h4>\n<p>A contract can be deemed ineffective if it was awarded without prior publication of a contract notice in the Official Journal of the European Union, unless permissible under relevant directives. The consequences of such ineffectiveness are governed by national law, which may include the retroactive cancellation of contractual obligations.<\/p>\n<h3>Slovak National Laws<\/h3>\n<h4>Law No 40\/1964 on the Civil Code<\/h4>\n<p>Any legal act that contravenes or circumvents the law, or is against accepted moral principles, is considered void.<\/p>\n<h4>Law No 25\/2006 on Public Procurement<\/h4>\n<p><strong>Paragraph 3(3)<\/strong>: Defines a works contract as one involving the execution or both design and execution of construction works related to specified activities, ensuring that the constructed works fulfill economic or technical functions as required by the contracting authority.<br \/>\n<strong>Paragraph 147a<\/strong>: Establishes that contracts concluded in breach of public procurement laws can be declared invalid by the Public Procurement Regulatory Authority or the public prosecutor within one year of their conclusion.<\/p>\n<h4>Law No 343\/2015 on Public Procurement<\/h4>\n<p><strong>Paragraph 3(3)<\/strong>: Expands the definition of a works contract to include contracts for the execution of works, regardless of the formatting by the contracting authority, as long as the authority exerts decisive influence over the construction type or design.<br \/>\n<strong>Paragraph 181<\/strong>: Provides that interested parties may apply to a court to declare contracts void if public procurement procedures were breached, with specific time limits for raising such claims.[:]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>[:uk] Analysis of Legal Provisions Directive 2004\/18\/EC on Public Contracts Article 1: Definitions Public Contracts are defined as contracts for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities. These contracts involve the execution of works, the supply of products, or the provision of services within the…<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_bbp_topic_count":0,"_bbp_reply_count":0,"_bbp_total_topic_count":0,"_bbp_total_reply_count":0,"_bbp_voice_count":0,"_bbp_anonymous_reply_count":0,"_bbp_topic_count_hidden":0,"_bbp_reply_count_hidden":0,"_bbp_forum_subforum_count":0,"pmpro_default_level":"","footnotes":""},"categories":[42,13],"tags":[],"class_list":["post-806","post","type-post","status-publish","format-standard","hentry","category-eu-legislation-important","category-eu-legislation-general-en","pmpro-has-access"],"acf":{"patreon-level":0},"_links":{"self":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/806","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/comments?post=806"}],"version-history":[{"count":0,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/806\/revisions"}],"wp:attachment":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/media?parent=806"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/categories?post=806"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/tags?post=806"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}

{"id":806,"date":"2024-10-18T09:27:24","date_gmt":"2024-10-18T06:27:24","guid":{"rendered":"https:\/\/lexcovery.com\/2024\/10\/judgment-of-the-court-fourth-chamber-of-17-october-2024-nfs-a-s-v-slovenska-republika-konajuca-prostrednictvom-ministerstva-skolstva-vedy-vyskumu-a-sportu-slovenskej-republiky-and-ministerstvo-sk\/"},"modified":"2024-10-18T09:27:24","modified_gmt":"2024-10-18T06:27:24","slug":"judgment-of-the-court-fourth-chamber-of-17-october-2024-nfs-a-s-v-slovenska-republika-konajuca-prostrednictvom-ministerstva-skolstva-vedy-vyskumu-a-sportu-slovenskej-republiky-and-ministerstvo-sk","status":"publish","type":"post","link":"https:\/\/lexcovery.com\/en\/2024\/10\/judgment-of-the-court-fourth-chamber-of-17-october-2024-nfs-a-s-v-slovenska-republika-konajuca-prostrednictvom-ministerstva-skolstva-vedy-vyskumu-a-sportu-slovenskej-republiky-and-ministerstvo-sk\/","title":{"rendered":"[:uk]Judgment of the Court (Fourth Chamber) of 17 October 2024.NF\u0160 a.s. v Slovensk\u00e1 republika konaj\u00faca prostredn\u00edctvom Ministerstva \u0161kolstva, vedy, v\u00fdskumu a \u0161portu Slovenskej republiky and Ministerstvo \u0161kolstva, vedy, v\u00fdskumu a \u0161portu Slovenskej republiky.Reference for a preliminary ruling \u2013 Public procurement of works, supplies and services \u2013 Directive 2004\/18\/EC \u2013 Concept of \u2018public works contracts\u2019 \u2013 Collection of agreements comprising a grant agreement and an undertaking to purchase \u2013 Direct economic interest for the contracting authority \u2013 Work corresponding to the requirements specified by the contracting authority \u2013 Grant and undertaking to purchase constituting State aid compatible with the internal market \u2013 Directive 89\/665\/EEC \u2013 Directive 2014\/24\/EU \u2013 Consequences of a finding that a public contract is ineffective \u2013 Absolute invalidity ex tunc.Case C-28\/23.[:]"},"content":{"rendered":"

[:uk]<\/p>\n

\n
\nAnalysis of Legal Provisions<\/title><br \/>\n<\/head><\/p>\n<h3>Directive 2004\/18\/EC on Public Contracts<\/h3>\n<h4>Article 1: Definitions<\/h4>\n<p><strong>Public Contracts<\/strong> are defined as contracts for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities. These contracts involve the execution of works, the supply of products, or the provision of services within the scope of the directive.<br \/>\n<strong>Public Works Contracts<\/strong> specifically refer to contracts that involve the execution or both the design and execution of works related to activities listed in Annex I. Additionally, they include the realization of a work that meets the requirements specified by the contracting authority. A \u201cwork\u201d is the outcome of building or civil engineering activities sufficient to fulfill an economic or technical function.<br \/>\n<strong>Contracting Authorities<\/strong> encompass the State, regional or local authorities, bodies governed by public law, and associations formed by such authorities or bodies governed by public law.<\/p>\n<h3>Directive 2014\/24\/EU on Public Procurement<\/h3>\n<h4>Article 1: Scope<\/h4>\n<p>This directive establishes rules for the procurement procedures of contracting authorities concerning public contracts and design contests, especially those with values not less than the thresholds outlined in Article 4.<\/p>\n<h4>Article 2: Definitions<\/h4>\n<p><strong>Contracting Authorities<\/strong> include the State, regional or local authorities, bodies governed by public law, and associations formed by such authorities or bodies governed by public law.<br \/>\n<strong>Public Contracts<\/strong> are contracts for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities, involving the execution of works, the supply of products, or the provision of services.<br \/>\n<strong>Public Works Contracts<\/strong> are a subset of public contracts focused on the realization of works based on requirements specified by the contracting authority, with the contracting authority exerting decisive influence over the type or design of the work.<\/p>\n<h4>Article 83: Enforcement<\/h4>\n<p>Member States must ensure effective implementation by designating competent authorities, bodies, or structures. These entities are responsible for monitoring the application of public procurement rules. If violations or systemic problems are identified, they are empowered to refer these issues to national auditing authorities, courts, tribunals, or other appropriate bodies.<\/p>\n<h4>Article 90: Transposition<\/h4>\n<p>Member States are required to adopt necessary laws, regulations, and administrative provisions to comply with this directive by April 18, 2016.<\/p>\n<h4>Article 91: Repeal<\/h4>\n<p>Directive 2004\/18\/EC is repealed effective from April 18, 2016.<\/p>\n<h3>Directive 89\/665\/EEC on Review Procedures for Public Contracts<\/h3>\n<h4>Article 1: Scope and Availability of Review Procedures<\/h4>\n<p>Member States must ensure that decisions by contracting authorities regarding public contracts can be effectively reviewed. These review procedures should be accessible to any person with an interest in obtaining a particular contract who has been or may be harmed by an alleged infringement.<\/p>\n<h4>Article 2d: Ineffectiveness<\/h4>\n<p>A contract can be deemed ineffective if it was awarded without prior publication of a contract notice in the Official Journal of the European Union, unless permissible under relevant directives. The consequences of such ineffectiveness are governed by national law, which may include the retroactive cancellation of contractual obligations.<\/p>\n<h3>Slovak National Laws<\/h3>\n<h4>Law No 40\/1964 on the Civil Code<\/h4>\n<p>Any legal act that contravenes or circumvents the law, or is against accepted moral principles, is considered void.<\/p>\n<h4>Law No 25\/2006 on Public Procurement<\/h4>\n<p><strong>Paragraph 3(3)<\/strong>: Defines a works contract as one involving the execution or both design and execution of construction works related to specified activities, ensuring that the constructed works fulfill economic or technical functions as required by the contracting authority.<br \/>\n<strong>Paragraph 147a<\/strong>: Establishes that contracts concluded in breach of public procurement laws can be declared invalid by the Public Procurement Regulatory Authority or the public prosecutor within one year of their conclusion.<\/p>\n<h4>Law No 343\/2015 on Public Procurement<\/h4>\n<p><strong>Paragraph 3(3)<\/strong>: Expands the definition of a works contract to include contracts for the execution of works, regardless of the formatting by the contracting authority, as long as the authority exerts decisive influence over the construction type or design.<br \/>\n<strong>Paragraph 181<\/strong>: Provides that interested parties may apply to a court to declare contracts void if public procurement procedures were breached, with specific time limits for raising such claims.[:]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>[:uk] Analysis of Legal Provisions Directive 2004\/18\/EC on Public Contracts Article 1: Definitions Public Contracts are defined as contracts for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities. These contracts involve the execution of works, the supply of products, or the provision of services within the…<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_bbp_topic_count":0,"_bbp_reply_count":0,"_bbp_total_topic_count":0,"_bbp_total_reply_count":0,"_bbp_voice_count":0,"_bbp_anonymous_reply_count":0,"_bbp_topic_count_hidden":0,"_bbp_reply_count_hidden":0,"_bbp_forum_subforum_count":0,"pmpro_default_level":"","footnotes":""},"categories":[42,13],"tags":[],"class_list":["post-806","post","type-post","status-publish","format-standard","hentry","category-eu-legislation-important","category-eu-legislation-general-en","pmpro-has-access"],"acf":{"patreon-level":0},"_links":{"self":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/806","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/comments?post=806"}],"version-history":[{"count":0,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/806\/revisions"}],"wp:attachment":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/media?parent=806"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/categories?post=806"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/tags?post=806"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}