Source: All England Reporter
Publisher Citation: [2003] All ER (D) 302 (Oct)
Court: Court of Justice of the European Communities (Sixth Chamber)
Judge:

Judges Puissochet (President of the Chamber), Schintgen, Skouris (Rapporteur), Macken and Cunha Rodrigues
Judgment Dates: 16 October 2003

Catchwords

European Communities - The Court of Justice - Reference from national court - Reference for preliminary ruling.

The Case

Article19 of Council Directive (EEC) 93-37 (concerning coordination of procedures for the award of public service contracts) had to be interpreted as meaning that the obligation to set out the minimum specifications required by a contracting authority in order to take variants into consideration was not satisfied where the contract documents merely referred to a provision of national legislation requiring an alternative tender to ensure the performance of work which was qualitatively equivalent to that for which tenders were invited. Article30 of the directive, which listed the permissible criteria for the award of contracts, could only apply to variants which had been properly taken into consideration in accordance with art19.

Practice Areas

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