“…mportance of that latter issue in English law derives from the decision of the Supreme Court in Energy Solutions EU Limited v Nuclear Decommissioning Authority [2017] UKSC 34; [2017] 1 W.L.R. 1373, which itself applied the decision of the European Court of Justice in Francovich v Italian Republic (Joined Cases C-6/90 and C-9/90) EU:…”
“…[2017] UKSC 34, [2017] 1 WLR 1373, which was concerned with UK legislation implementing the scheme for remedies for breach of the Public Procurement Directive. At para. 39 Lo…”
“…The question of damages in public procurement cases was dealt with by the Supreme Court in Energy Solutions EU Limited v Nuclear Decommissioning Authority [2017] UKSC 34; [2017] 1 WLR 1373. There the court identified the three Francovich conditions for damages, in the following terms:…”