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European Observer on fundamental right's respect

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Case Law C-100/12 (04/07/2013)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/04/2013

Subject: The Court affirmed that Directive 89/665/EEC 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 must be interpreted to the effect that, if, in review proceedings, the successful tenderer – having won the contract and filed a counterclaim – raises a preliminary plea of inadmissibility on the grounds that the tenderer seeking review lacks standing to challenge the award because its bid should have been rejected by the contracting authority by reason of its non-conformity with the technical requirements under the tender specifications, that provision precludes that action for review from being declared inadmissible as a consequence of the examination of that preliminary plea in the absence of a finding as to whether those technical requirements are met both by the bid submitted by the successful tenderer, which won the contract, and by the bid submitted by the tenderer which brought the main action for review.

Parties: Fasteweb SpA

Classification: Justice - Art. 47 Justice: remedy

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