Indemnização por ilegalidades cometidas em procedimentos pré-contratuais

: o enigmático artigo 7º n.º 2 do Regime da Responsabilidade Civil Extracontratual do Estado e demais Entidades Públicas

Abstract

The purpose of this work is to analyze the obligation of indemnity of the contracting entities for the violation of rules that are stablish in the procedure for the formation of their contracts, in accordance with n.º 2 of art. 7 of the General Regime of Extra-contractual Civil Liability of the State, approved in annex to Law 67/2007 of 12/31. The aforementioned n.º 2 of art. 7º, is the result of impositions from the European Union Law in the field of public procurement policy with the objective of achieving a common and open market with free competition. Although the aforementioned article is included in the State’s Extra-Contractual Civil Liability Regime, due to the influence of European Union Law it contains its own regime that distances itself from the general regime of the State’s extra-contractual civil liability. Therefore, we proceed to its interpretation in the light of the regime foreseen in the Resources Directives, that is, Directive n.º 89/665/EEC, of the Council of 21/12/1989 and Directive n.º 92/13/EEC, of the Council of 25/02/1992. Simultaneously, the regime of non-contractual civil liability of the State for violation of European Union Law is analyzed in accordance with the vast jurisprudence issued by the Court of Justice of the European Union. Finally, we also analyze the compensation to be granted to the injured party, the type of damages and respective reimbursement as a positive or negative contractual interest and also the loss of chance.

Date of Award	6 Jun 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Pedro Cerqueira Gomes (Supervisor)