(f)where the economic operator has shown significant or persistent deficiencies in the performance of a substantive requirement under a prior concession or a prior contract with a contracting authority or with a contracting entity as defined in this Directive or in Directive 2014/25/EU which led to early termination of that prior contract, damages or other comparable sanctions.

where the economic operator has shown significant or persistent deficiencies in the performance of a substantive requirement under a prior concession or a prior contract with a contracting authority or with a contracting entity as defined in this Directive or in Directive 2014/25/EU which led to early termination of that prior contract, damages or other comparable sanctions.

331 | The proposal regulates only the key aspects of consumer contract law and does not interfere with more general contract law concepts such as the capacity to contract or the award of damages.

Application: brought under Articles 236 EC and 152 EA, whereby Ms Clarke, Ms Papathanasiou and Ms Periañez-González, members of the temporary staff of OHIM, seek, in particular, first, annulment of OHIM’s decisions of 7 March 2008 rejecting their requests for the cancellation of the termination clause in their contracts of employment, containing the requirement that the member of staff concerned participate successfully in an open competition, and a declaration by OHIM that their contracts of employment of indefinite duration would be maintained; and, second, an order that OHIM pay damages.

However, it argued that an early termination of the contract was impossible without claims for damages and that the contract will not be extended beyond the closing date originally provided for.

Post-contractual remedies aim to declare an existing contract ineffective and/or to provide compensation (mainly damages) to the affected parties after the contract in question has been awarded.