The European Court of Justice told UK courts that a request by British Telecommunications Plc for damages from the government for incorrectly applying European Community procurement procedures does not meet the Community’s legal standards for member state liability. British Telecom is claiming in English courts that it suffered commercial and competitive damage when it was forced to publish its procurement plans and contracts in the Community’s Official Journal when its competitors were not, and that the incorrect application of a directive on procurement procedures raised compliance costs and prevents it from concluding profitable transactions. The court said that the UK actions, though some were in breach of Community law were not sufficiently serious for damages.
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