SA Constructions et entreprises industrielles (CEI) and others v Societe cooperative "Association intercommunale pour les autoroutes des Ardennes" and others. (Approximation Of Laws ) [1987] EUECJ R-27/86 (9 July 1987)

SA Constructions et entreprises industrielles (CEI) and others v Societe cooperative "Association intercommunale pour les autoroutes des Ardennes" and others. (Approximation Of Laws ) [1987] EUECJ R-27/86 (9 July 1987)

Article 25 of Directive 71/305/EEC does not exhaustively enumerate references for determining a contractor's financial and economic standing; Member States may require additional references such as the total value of works in hand and may set maximum values for works to be carried out at one time. Article 25, Article 26(d), and Article 28 do not preclude a Member State from requiring proof of minimum own funds, manpower, and managerial staff from contractors recognized in another Member State, even if recognized in an equivalent class.

Citation
[1987] EUECJ R-27/86
Parties
Plaintiff: CEI; Plaintiff: Bellini; Defendant: Belgian awarding authorities
Jurisdiction
European Union
Judgment Date
09 July 1987
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Preliminary Reference From National Court
Outcome
Preliminary ruling issued; interpretation of Directive 71/305/EEC provided to national court.
Legal Topics
Interpretation of Directive 71/305/eec, Public Works Contracts, Recognition of Contractors From Other Member States, Financial and Economic Standing Requirements
European Union Law Public Procurement Interpretation of Directive 71/305/eec Public Works Contracts Recognition of Contractors From Other Member States Financial and Economic Standing Requirements

Case Brief

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Parties

CEI

Plaintiff

Bellini

Plaintiff

Belgian awarding authorities

Defendant

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Preliminary Reference From National Court

Legal Issues

  1. 1 Whether Article 25 of Directive 71/305/EEC exhaustively enumerates references for determining a contractor's financial and economic standing
  2. 2 Whether Member States may require information on the total value of works in hand as a reference
  3. 3 Whether a Member State may require additional proof of minimum own funds, manpower, and managerial staff from contractors recognized in another Member State

Ratio Decidendi

Article 25 of Directive 71/305/EEC does not exhaustively enumerate references for determining a contractor's financial and economic standing; Member States may require additional references such as the total value of works in hand and may set maximum values for works to be carried out at one time. Article 25, Article 26(d), and Article 28 do not preclude a Member State from requiring proof of minimum own funds, manpower, and managerial staff from contractors recognized in another Member State, even if recognized in an equivalent class.

Court Disposition

Preliminary ruling issued; interpretation of Directive 71/305/EEC provided to national court.

Orders

  • References for financial and economic standing are not exhaustively enumerated in Article 25 of Directive 71/305/EEC.
  • A statement of the total value of works awarded to a contractor may be required as a reference under Article 25, and Member States may fix the value of works to be carried out at one time.