The European Court of Justice (ECJ) ruled in case C-492/06, that an individual member of a consortium of tenderers should have standing to take action against a contracting authority over an alleged breach of the procurement rules. The issue came before the ECJ on a reference from an Italian court in the context of a dispute over the award of a contract for helicopter rescue services. The claimant before the national court was leader of a consortium bidding for the contract. The contracting authority raised a plea of inadmissibility on the basis that the action had not been brought by the consortium itself, which was in the process of being formed into a legal entity, but only by a member of that consortium. Under national case law, an individual member of a consortium could bring such a claim. However, the contracting authority contended that this was inconsistent with EU law and clarification was sought from the ECJ. The ECJ concluded that EU law simply provided minimum standards as to who has standing to make a claim before the courts and that it did not preclude national law from granting standing to individual members of a bidding consortium.
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ECJ confirms standing of an individual member of a consortium
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