||All England Reporter
|| All ER (D) 146 (Oct)
||Court of Justice of the European Communities (Third Chamber)
Judges Rosas (President of the Chamber), Cunha Rodrigues (Rapporteur), Klucka, Lindh and Arabadjiev
||11 October 2007
European community - Civil and commercial matters - Public contracts - Review procedures concerning award of public contracts - Limitation period - Principle of effectiveness - Council Directive (EEC) 89/665, art 1(1) - Council Directive (EEC) 3/36, art 9(4), Annex IV.
European community Civil and commercial matters. In accordance with art9(4) of and Annex IV to Council Directive (EEC) 93-36 (coordinating procedures for the award of public supply contracts), the contract notice concerning a contract within the scope of that directive had to state the total quantity or scope of that contract. The absence of such an indication had to be capable of being reviewed under art1(1) of Council Directive (EEC) 89-665 (on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts), relating to the coordination of procedures for the award of public service contracts. Directive 89-665, particularly art1(1) and (3), precluded a limitation period laid down by national law from being applied in such a way that a tenderer was refused access to a review concerning the choice of procedure for awarding a public contract or the estimate of the value of that contract, where the contracting authority had not clearly stated the total quantity or scope of the contract to the person concerned. Those provisions of the directive also precluded such a rule from being extended generally to cover the review of decisions of the contracting authority, including those occurring in stages of an award procedure after the end of that limitation period.
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