Late influence on the Trop proposals

I HAVE been trying to find out whether EU procurement directive 2004/18/EC might have a late influence on the Tropicana proposals. The directive requires that all proposed

I HAVE been trying to find out whether EU procurement directive 2004/18/EC might have a late influence on the Tropicana proposals.The directive requires that all proposed public works contracts be advertised throughout the European Community in the EU Official Journal. All prospective developers throughout the community are then able to compete for the business, as well as those from the UK.The council website shows that the Tropicana working party's report to North Somerset Council in June 2005 referred to GVA Grimley's appointment as agents in December 2004. The agents produced brochures and advertised the proposed scheme nationally in March 2005. They subsequently drew up a shortlist of interested UK developers: Greenport Estates, Henry Boot and Express Park Developments. However, no mention was made of an advertisement in the EU Official Journal. Neither does there appear to be a record of the Tropicana proposals within the Journal's archive. Should a procurement exercise have been conducted beforehand?In early 2007, the European Court of Justice ruled against a proposal for a comparable leisure complex in the French town of Roanne. The reason given for the adverse decision was that no advertisement had appeared in the EU Official Journal, which effectively meant non-compliance with the EU directive. The proposed development was subsequently halted. Similarly, in Kingston-upon-Thames, the council's planned development of the town's Eden Quarter has been suspended. Here council lawyers took legal advice, which confirmed that they too had not complied with the EU directive because of their failure to advertise correctly. Additionally, in this case, substantial compensation had to be paid to the developers, Hammerson. Therefore it does seem possible that the same situation could occur with the Tropicana. Has it been excused from the EU regulations, or could North Somerset Council yet be faced with some serious interference from our friends in Brussels? So far, I have had no response from the council.DAVID G PUPLETT - Clifton Road, Weston


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