In Județul Neamț and Județul Bacău v Ministerul Dezvoltării Regionale și Administrației Publice, Cases C260 and 261/14 the ECJ upheld a 5% clawback of ERDF grants from two local authorities. The clawbacks were imposed by the central government ministry responsible for administering those ERDF grants.
Both of the contracts funded by the grants were subject to an open tendering procedure. However, conditions imposed by the local authorities in that tendering procedure were said not to comply with national procurement rules. The case does not say what was non-compliant about the tender process. In a UK context, though, it could include a failure to advertise a contract valued over £25,000 on Contracts Finder.
It is important to note that there was no suggestion of any breach of European procurement rules. It was the breach of purely national rules that led to the clawback.
This case is a further illustration of the care that is needed when procuring contracts funded by ERDF or ESF money. In these cases it is wise to adopt a very cautious approach to complying with both European and national procurement rules.
Please contact Andrew Millross.
Latest news
New code puts complaint handling in the spotlight
he updated Housing Ombudsman’s (HO) Complaint Handling Code (the New Code) will become a statutory requirement on 1 April 2024 and will bring a significant step change for registered providers (RPs).
Monday 25 March 2024
Read moreAnthony Collins appoints returning partner as new head of funding
Specialist law firm Anthony Collins (AC) has appointed a new head of funding, returning partner, Jon Coane. Jon brings with him over 25 years of experience as a social impact […]
Wednesday 13 March 2024
Read moreLatest webinars and podcasts
PODCAST: 12.07% holiday accrual is back… But not for everyone!
In the podcast we will outline the new Working Time Regulations legislation in detail, noting when the provisions coming into force, whilst also providing practical examples and guidance for employers across all sectors.
Friday 1 December 2023
Read moreRenters Reform Bill webinar – June 2023
The Renters Reform Bill proposes a seismic change to housing management practices, abolishing assured shorthold tenancies and 21 notices entirely and making changes relating to rent increases, pets, possession grounds and more.
Friday 18 August 2023
Read more