Source: All England Reporter
Publisher Citation: [2002] All ER (D) 177 (Dec)
Court: European Court of Justice (Sixth Chamber)
Judge:

Judge Puissochet (President), Judges Schintgen, Gulmann, Skouris (Rapporteur) and Macken
Judgment Dates: 12 December 2002

Catchwords

European Communities - Application of Community law in national courts - Community obligation - Directive - Construction - Tendering for public works contracts - Restrictive procedure - Definition of contracting authority - Transparency in tendering procedure - Validity of time limit on review of contracting authority's tender decision - Council Directive (EEC) 93/37, arts 1(b), 7(2), 13(2)(e) and 30(2) - Council Directive (EEC) 89/665.

The Case

On the true construction of Council Directive93-37-EEC concerning the co-ordination of procedures for the award of public works contracts: (i)a body which was not established to satisfy specific needs in the general interest not having an industrial or commercial character, but which had subsequently taken responsibility for, and fulfilled, such needs satisfied the definition of 'a body governed by public law' contained in art1(b), provided that the assumption of such responsibility could be objectively justified; (ii)in the context of a restricted procedure, and in circumstances where the contracting authority had laid down in advance the rules for weighting the criteria for selecting the candidates to be invited to tender, the authority was obliged to state those rules in the contract notice or tender documents.

Practice Areas

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