In November 2023, I attended the Estonian Public Procurement Conference and presented an overview of the European Court of Justice and General Court decisions in the field of public procurement from the previous year. The annual conference is a good opportunity to see familiar faces, meet new ones, and stay informed about developments in the field.
While the European Court interprets procurement directives mainly through preliminary rulings (usually recognizable by the letter "C" in the decision), it is also worth keeping an eye on General Court decisions (starting with the letter "T"). Although the General Court resolves procurement disputes involving EU agencies under the financial regulation, the court has found that when the regulation is the same as in the directive, the Court of Justice's decisions on interpreting the directive are taken into account and vice versa.
Here are some key takeaways from this year's decisions made before November 1, 2023: