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Public procurement - Failure of a Member State to fulfil obligations - CASELEX:EU:2009:139

15 March 2010, 18:36 CET
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Failure of a Member State to fulfil obligations – Public procurement - Directive 93/38/EEC - Contract notice - Consultancy project - Criteria for automatic exclusion - Qualitative selection and award criteria - ACTION under Article 226 EC for failure to fulfil obligations, brought on 12 April 2007, Commission of the European Communities v Hellenic Republic

Headnote

(1) A clause in a tender notice that was worded in a way that made it necessary for foreign tenderers to take additional steps to obtain clarifications as to the conditions for admission to the tendering procedure was contrary to Article 4(2) of Directive 93/38/EEC.

(2) Criteria relating to experience and real capacity to ensure proper performance of the contract were qualitative selection criteria within the meaning of Articles 30 and 31 of Directive 93/38/EEC, not award criteria within the meaning of Article 34(1)(a) thereof. Since the qualitative selection of the tenderers and the award of the contracts followed different procedures, inclusion of such criteria in the award procedure was contrary to Article 34(1)(a) of that Directive.

Keywords

  • body governed by public law
  • contracting authorities
  • parties
  • qualification of tenderer
  • qualification of tenderers
  • award criteria
  • tender specification
  • tendering procedure
  • awarding procedure
  • public service contract
  • contracts in the water, energy, transport and postal service sectors
  • public contract

 

Further details of Case C-199/07 - Caselex

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