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Gabon’s counterclaims are mostly rejected, but Eurofinsa is ordered to pay 437,400 EUR, plus interest, for unresolved non-conformities
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Request for bifurcation is not a new claim, but should not be a tool to compensate for failure to provide expert evidence at early stages of the proceedings
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Eurofinsa entitled to receive over 11.2 million EUR for unpaid invoices and around 720 thousand EUR on account of lost profit; other claims are mostly rejected
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Tribunal admits late nullity and judicial rescission claims, upholding the latter
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Suspension of the contract was justified by state’s failure to comply with its essential obligations; unilateral termination was inconsistent with public procurement law, but not unlawful, as it aimed to protect Eurofinsa from consequences of the state’s breaches
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Eurofinsa duly complied with prior negotiations requirement
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Tribunal finds no indication that procurements contracts were state contracts that excluded the application of Gabonese administrative law; Initial and Supplementary contracts are governed by different laws
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Background: Technical and financing issues undermine renovation works of stadium in Libreville
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