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16 February 2011
Issue: 7453 / Categories: Case law , Law digest
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Public procurement

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Risk Management Partners Ltd v Brent London Borough Council and others [2011] UKSC 7, [2011] All ER (D) 103 (Feb)

The public procurement exemption set out in the decision of the European Court of Justice in Teckal SrL v Commune di Viano & Azienda Gas—Acqua Consorziale (AGAC) di Reggio Emilia [1999] ECR I-8121 (which provided that in certain circumstances, the award of a contract by one public body to another separate legal person would not fall within the definition of “public contract” in Council Directive (EC) 2004/18 on public procurement of goods, works and service, with the result that the Directive would not apply to it and the contract would not be required to be put out to tender) applied to the Public Contracts Regulations 2006, SI 2006/5. It was available in respect of contracts of insurance.
 

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