The Commission has drafted a proposal for updated provisions on enforcement in public procurement proceedings. The proposal includes a loyal and transparent implementation of the remedies directives. This includes, inter alia, that: the courts and the KOFA are designated as enforcement bodies and are conferred the relevant competences from the remedies directives, the remedies directives requirements about standstill period and suspension will be continued, the remedy of «ineffectiveness» is established as the primary sanction against illegal direct awards, but only within a short period following contract conclusion, contracts can only be declared «ineffective» for the future performance of a contract (ex nunc), additional national regulations to sanction illegal direct award in order to enhance enforcement against illegal direct awards, two new legal provisions on compensation for damages are introduced, one governing compensation for bid costs (negative contract interest) and the other concerning compensation for loss of profit (positive contract interest).
Forarbeid