Article 47 - Right to an effective remedy and to a fair trial
Key facts of the case:
Reference for a preliminary ruling — Directive 89/665/EEC — Procedures for the award of public supply contracts and public works contracts — Review procedures — Article 2(6) — Claim for damages — Precondition that the decision by the contracting authority be declared unlawful — Exclusion of legal arguments not submitted before an arbitration committee — Article 47 of the Charter of Fundamental Rights of the European Union — Right to effective judicial protection — Principles of effectiveness and equivalence
Outcome of the case:
In the light of the foregoing, I propose that the Court should answer the questions referred for a preliminary ruling by the Kúria (Supreme Court, Hungary) as follows: