The book surveys the enforcement of EU law through the lens of damages claims for violations of
EU public procurement rules. The first part clarifies the requirements on damages claims under
both public procurement and general EU law notably the public procurement remedies directives
and doctrines such as procedural autonomy effective judicial protection and Member State
liability. The second part focuses on comparative law covering England France Germany and
the Netherlands and provides an overview of national regulation and case law of damages
litigation in the area of public procurement. A third part discusses the constitutive and
quantification criteria of the damages remedy from a comparative and EU law perspective. It
explores the lost chance which functionally emerges as a compromise capable of mitigating the
typically problematic nature of causation and uncertainty in public procurement constellations.
The book concludes with a proposal for legislative intervention regarding damages in public
procurement.
