The monthly round-up from the Anthony Collins Solicitors charities team.
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.
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In this ebriefing, we identify what we see as the key messages arising from recent prosecutions in the care and housing sectors.
A recent High Court case on costs could prove essential reading for clients who have cases in the magistrates' courts.
The employment and pensions team offer practical advice on whistleblowing.
Partners, David Alcock and Sarah Patrice, have been involved in reviewing the new Code of Governance for community-led housing, published on 21 May 2021 by the Confederation for Coop Housing.
Following the eviction ban being lifted on 31 May 2021 and further to our previous ebriefing, the new notice of seeking possession forms are now available on the Government website as Word versions.
The European Court of Justice's standpoint on the Wiener Wohnen landowning developer case, and how the level of influence over the work did not amount to a decisive influence.
The Law Commission's Technical Issues in Charity Law report revealed that many charities struggle with a range of technical issue in the law.
The Law Commission recommended four key changes to the law in respect of mergers and the incorporation of charities which we have detailed in this ebriefing.
Over the last few weeks, we have published individual ebriefings on some of the key changes to be implemented following the Government’s response to the Law Commission’s report.
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