Source: All England Reporter
Publisher Citation: [2012] All ER (D) 53 (Nov)
Court: Court of Justice of the European Union (Seventh Chamber)

Judges Arestis (acting President of the Seventh Chamber), Malenovsky and Šváby (Rapporteur)

Judgment Dates: 18 October 2012


European Union - Public procurement - Public works contracts - Awards procedure and criteria - Awarding authority requiring uniform document complying with accounting rules - Tenderer/operator from member state with different rules making compliance with accounting rules, of awarding authority's member state, difficult - Whether contracting authority should fix minimum level of economic and financial standing - Whether sufficient for operator to rely on the capacities of another entity - Council Directive (EC) 2004/18, arts 44(2), 47, 48.

The Case

European Union Public procurement. The Court of Justice of the European Union made a preliminary ruling on arts 44 and 47 of Council Directive (EC) 2004-18 (on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts) regarding a restricted tendering procedure launched by the North Transdanubia Environmental Protection and Water Management Directive.

Practice Areas

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