Perkančiųjų organizacijų civilinė atsakomybė ikisutartiniuose santykiuose

Abstract

The author of the doctoral thesis „Civil liability of contracting authorities in precontractual relations” comprehensively investigates various aspects of the regulation and the application of the institute of civil liability of contracting authorities in precontractual relations by balancing the interests of economic operators (suppliers) and contracting authorities. The author analyses the mutual link between the procedures for conducting procurement and the review procedures of decisions made therein; he also examines the questions of the identification of precontractual liability of contracting authorities and the relation to other remedies (request for annulment or amendment of unlawful decisions including the decision to award a public procurement contract, as well as request for the court to impose interim measures). The research presents in detail Lithuanian and EU legal frameworks and their development, and their significance for jurisprudence, especially for the case law of the Supreme Court of Lithuania, which formed a unique model of compensation for the damages of economic operators’. The author examines the prerequisites and significant preconditions for the defence of economic operators’ rights. Furthermore, the author analyses the activity of the courts in ensuring claimants’ (economic operators’) right to be awarded compensation and the threats arising from this activity. The research identifies the problems of the legal regulation and case law and suggests relevant solutions.