{
  "url": "https://openlegislation.uk/eu-directive-1989-665/article-2e",
  "json_url": "https://openlegislation.uk/eu-directive-1989-665/article-2e.json",
  "legislation": "eudr/1989/665",
  "legislation_title": "Council Directive of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (89/665/EEC)",
  "legislation_url": "https://openlegislation.uk/eu-directive-1989-665",
  "path": "article/2e",
  "kind": "article",
  "number": "2e",
  "heading": "Infringements of this Directive and alternative penalties",
  "text": "1. In the case of an infringement of Article 1(5), Article 2(3) or Article 2a(2) which is not covered by Article 2d(1)(b), Member States shall provide for ineffectiveness in accordance with Article 2d(1) to (3), or for alternative penalties. Member States may provide that the review body independent of the contracting authority shall decide, after having assessed all relevant aspects, whether the contract should be considered ineffective or whether alternative penalties should be imposed.\n2. Alternative penalties must be effective, proportionate and dissuasive. Alternative penalties shall be:\nthe imposition of fines on the contracting authority; or,\nthe shortening of the duration of the contract.\nMember States may confer on the review body broad discretion to take into account all the relevant factors, including the seriousness of the infringement, the behaviour of the contracting authority and, in the cases referred to in Article 2d(2), the extent to which the contract remains in force.\nThe award of damages does not constitute an appropriate penalty for the purposes of this paragraph.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Inserted by Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (Text with EEA relevance)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/1989/665/article/2e",
    "retrieved_at": "2026-11-01T15:23:28.331823+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}