Sector News
News Stories this Week from the Public Procurement Cafe

Here’s our Friday rundown from our (literal) procurement cafe/bar/cave/biergarten (according to your location) of recent public sector stories, snippets and information from around Europe. Well over a trillion Euros of money from taxpayers and citizens is being spent by governments and public sector bodies, you would think it ought to be done well.

Do click through and read the full articles that interest you – some of them we will come back to in greater detail in due course.

EU Approves Digital Accessibility Rules

TechWeek Europe reports this week that the the European Parliament, the European Council and the European Commission have approved Public Sector Digital Accessibility Rules.That means that any public-sector website or app must be made accessible to those with disabilities, it said. This was announced under an EU directive agreed on Tuesday night. “… 80 million people in the EU are currently affected by a disability, with the figure expected to rise to 120 million by 2020 … The new rules apply to all new public sector websites and apps and also requires existing websites to be updated, while older content such as archived videos or word-processing documents are to be made available in accessible form on demand,” it said. There’s more on the website here.

ECJ ruling on relying on the capacity of other providers, lots and electronic auctions
Thomson Reuters practical law pubic sector blog is an excellent source of recent rulings that may be of interest to public procurement practitioners — not just policy makers and practicing public sector lawyers. This ruling is in reference to a Polish court relating to – and it gives details – “the application of Articles 2, 44 and 48(3) of Directive 2004/18 and Directive 2014/24 relating to a tendering procedure divided into lots and to be concluded by an electronic auction.” It outlines the European Court of Justice preliminary rulings which are of interest as a case law and as the “application of core principles (such as equal treatment and non-discrimination).” Another is from “an Italian court relating to the interpretation of Articles 1(1) and 1(3) of Directive 89/665 (the Remedies Directive) and Article 267 of TFEU”  brought by a tenderer, with a view to excluding another tenderer. And this is interesting:
High Court strikes out claim on basis Public Contracts Regulations 2015 did not apply
“The High Court has struck out a claim brought by an aggrieved contractor, Newlyn PLC, following the company’s unsuccessful tender for the award of a contract tendered by the London Borough of Waltham Forest. It did so on the basis that the Public Contracts Regulations 2015 (PCR 2015) did not apply to the procurement exercise that the council had conducted, which finding was fatal to the contractor’s pleaded claim.” Do take a look at some recent cases – they might be of use in your own daily dealings.
Scottish Local Council receives warning for data loss
Government Today announces that “The Information Commissioner’s Office (ICO) has issued West Dunbartonshire Council with an enforcement notice, following the council’s failure to provide sufficient training on data protection. An incident occurring in June 2014, involved an employee of West Dunbartonshire Council taking work home on a laptop containing sensitive information, which was subsequently stolen after the device was left unattended in a car. The incident followed several warnings from the ICO which urged the Council to implement improvements to data protection and staff training.” A warning for us all — the full details can be read here.