On 4 June 2009 the European Court of Justice (ECJ) ruled on the failure by a contracting authority to provide a bidder with timely feed back on the rejection of its tender. The case (C-250/07) concerned a tender by a Greek electricity company, Dimosia Epikhirisi Ilektrismou AE (DEI) in July 2003 for the installation of two thermo-electrical units for the thermoelectric station on the island of Crete. DEI decided to withdraw the tender after it found that the tenders it received did not comply with its technical specifications. In May 2004, DEI published a new call for competition for the same project but on somewhat different terms. Again, all tenders were rejected for failure to comply with the technical specifications. Instead of publishing a new tender, DEI decided in December 2004 to invite 5 of the bidders who had participated in the May 2004 tender, to submit final bids based on revised offers. One bidder was rejected without being provided with full reasons for that rejection for over two months. That bidder made a complaint to the European Commission, which took an infringement action before the ECJ. The ECJ held that Greece was in breach of the former Utilities Contracts Directive (93/38/EEC) because it had not provided a prompt response to its request for information about why its bid had been rejected.
Register now for your free, tailored, daily legal newsfeed service.
Questions? Please contact firstname.lastname@example.orgRegister
Court rules on failure to provide prompt information upon rejection
Popular articles from this firm
If you would like to learn how Lexology can drive your content marketing strategy forward, please email email@example.com.
Related topic hubs
Association of Corporate Counsel
”ACC Newsstand is another useful, tailored and easily accessible resource that coincides directly with our focus on saving ACC members time, money and effort.”