Advocate-General Sharpston issued an opinion on 18 January 2007 in relation to the degree of publicity required in relation to a contract that falls below the value thresholds established by the public procurement rules. The Commission has taken an action against Finland (C-195/04) claiming that the procurement by a contracting authority for the supply of catering equipment breached Article 28 on the basis that there had been insufficient advertising of the agreement to meet the obligations of transparency and fair treatment. The Advocate-General is of the view that while Community law does require transparency, it is for national law to determine what constitutes sufficient transparency for low value contracts to comply with the Community obligation of equal treatment. The ultimate outcome of the case will be of particular interest in the light of the recent publication by the Commission of guidelines on low value contracts.
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