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Public procurement - Community tendering procedure - CASELEX:EU:2009:162

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Pursuant to Community public procurement law, when a tenderer had submitted an ambiguous offer in a tender organised by the Commission of the European Communities and the Commission could resolve the ambiguity by contacting that tenderer, the Commission was obliged to contact the tenderer in order to establish the actual meaning of the tender. In such a case, to reject the offer without contacting the tenderer would be contrary to the principles of sound administration, equal treatment, proportionality and legal certainty. Such was the case when the tenderer had omitted to indicate the price of a given item but that price could be easily deduced from the price of an identical or similar item in the offer, as it was a matter of clarification, and not modification, of the initial offer of the tenderer.

Legal issue

Pursuant to Community public procurement law, was the Commission obliged to reject Company C’s tender, when the price of several items was not included in the cost estimation summary, but that price could easily be deduced from an identical item that was present in the summary?

Judgement

THE GENERAL COURT (Fifth Chamber)

1.      Dismissed the action;

2.      Ordered Antwerpse Bouwwerken NV to pay the costs, including those relating to the proceedings for interim relief in Case T-195/08 R. 

 

Further details of Case T-195/08 - Caselex

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