The Court of Justice has intervened again in terms of damages caused by breach of Community law on public evidence, by the national public administrations.
Interpreting the dir. 89 / 665/CE and subsequent amendments, concerning the award of public supply and public works, the ECJ held that national laws can not make the obtaining of compensation to the existence of the subjective element of guilt by the PA. Here's the device:
"The directive of 21 December 1989, 89/665/EEC on the coordination of laws, regulations and administrative provisions relating to the application of review procedures concerning the award of public supply and public works, as amended by Council Directive 18 June 1992, 92 / 50/CEE, must be interpreted in the sense that it precludes national legislation which makes the right to compensation as a result of a breach of the rules on public procurement by the contracting authority in character guilty of such violation even if the application of the legislation in question is centered on a presumption of guilt on the part of the administration above, and the impossibility for it to rely on the absence of their individual capabilities and, therefore, a lack of subjective culpability of the alleged violation . "
link to read the full decision:
ECJ C- 314/09 
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