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BRENT LONDON BOROUGH COUNCIL (Appellant) v RISK MANAGEMENT PARTNERS LTD (Respondent) & (1) LONDON AUTHORITIES MUTUAL LTD (2) HARROW LONDON BOROUGH COUNCIL (Interested Parties)

The exemption enunciated in the case of Teckal Srl v Comune di Viano (Reggio Emilia) (C-107/98) (1999) ECR I-8121 to the public procurement regime contained in Directive 2004/18 applied equally to the Public Contracts Regulations 2006 which sought to give effect to that Directive.

14 February 2011

The appellant local authority (H) appealed against a decision ((2009) EWCA Civ 490, (2010) PTSR 349) that the respondent (R) was entitled to damages for breach of the Public Contracts Regulations 2006 in circumstances where contracts of insurance had been awarded to a mutual insurance company (L). L had been established by a number of local authorities in London, including B and H. To achieve participation in L, nine of those local authorities including B and H subscribed to the memorandum and articles of association of L, paid a capital contribution and guaranteed a further contribution. B had invited tender in accordance with the Regulations, which implemented Directive 2004/18 on public procurement of goods, works and services for some of its insurance cover. R submitted a tender but the contract award procedure was abandoned, because B proposed to award the contract for insurance to L, which had taken no part in the public procurement exercise. R successfully challenged B's powe...

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