Eksempler på bruk av Remedies directive på Engelsk og deres oversettelse til Norsk
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The first four recitals in the preamble to the Remedies Directive read.
Even if the Remedies Directive did govern that requirement, it cannot impose an obligationPage.
The EFTA Court was requested to give its opinion on whether such a requirement is in line with the Remedies Directive.
In this connection, AtB contends that the Remedies Directive does not regulate the causal link requirement.
The post-contractual remedy of damages is set out in Article 2(1)(c) of the Remedies Directive.
The Remedies Directive must, moreover, be interpreted in the light of fundamental rights, in particular the right to an effective judicial remedy. .
Thereby, as is also apparent from the third andfourth recitals to the Remedies Directive, equal conditions shall be secured.
The Remedies Directive and the principle of effectiveness, consequently, preclude a national rule on standard of proof as described in that question.
The principle of effectiveness- another fundamental principle of EEA law- is contained in Article 1(1) of the Remedies Directive.
In this context,AtB points out that the Commission has concluded that the Remedies Directive generally meets its objectives in term of effectiveness.
The conclusion is that the doctrine of State liability cannot apply alone,disregarding the principles set out in the Remedies Directive.
The Remedies Directive does not establish a system for the recognition of damages and, thus, the conditions for the award of damages depend on national law.
On the contrary, the second recital in the preamble to the Remedies Directive gives weight to the view that the pre-contractual remedies are the most important remedies. .
The Remedies Directive is clear on the point that any infringement of public procurement law should be followed up and should not be left unattended because the breach is not“sufficiently serious”.
The judgment in GAT, 52 on which Fosen-Linjen relies,is not relevant when deciding whether the Remedies Directive imposes any requirements concerning the condition of a causal link under national law.
Even though the Remedies Directive was subject to revision in 2007, the EU legislative bodies did not find it desirable or necessary to adopt new provisions concerning the award of damages.
As a preliminary remark concerning the first three questions, the Norwegian Government maintains that Article 2(1)(c) of the Remedies Directive does not set out specific requirements concerning the conditions under which the contracting authority may be held liable.
The Remedies Directive does not preclude national law that exempts a contracting authority from liability for positive contract interest where the tender procedure was cancelled in compliance with EEA public procurement law.
A requirement of national law, according to which the contracting authority's error causing the infringement of EEA law must be material, gross or obvious for damages to be awarded,is precluded by the Remedies Directive and the principle of effectiveness.
As regards the interpretation of Article 2(1)(c) of the Remedies Directive, AtB submits that of the case law32 interpreting this provision the judgment in Combinatie33 encompasses the most thorough considerations.
The Remedies Directive is closely related to Directive 2004/18/EC and aims, as can be inferred from its first, second and third recital, at providing adequate remedies that ensure compliance with the relevant EEA provisions on public contracts.
In that judgment, the ECJ found that Article 2(1)(c) of the Remedies Directive gives expression to the principle of State liability for loss and damage caused to individuals as a result of breaches of EU law.
In Strabag, the ECJ held that the Remedies Directive aims to guarantee“judicial remedies which are effective and as rapid as possible against decisions taken by contracting authorities in infringement of the law on public contracts”.87.
In the Commission's view, although the ECJ stated in Strabag that the Remedies Directive leaves certain matters to the procedural autonomy of Member States, at the same time it derived important conclusions from the general context and aim of the judicial remedy of damages.
The question the Court of Appeal must address is whether the Remedies Directive requires damages to be awarded for the loss of profit on the basis of strict liability or whether such damages may only be awarded when the contracting authority committed a sufficiently serious breach.