Santex (Law relating to undertakings) [2003] EUECJ C-327/00 (27 February 2003)

Santex (Law relating to undertakings) [2003] EUECJ C-327/00 (27 February 2003)

Directive 89/665/EEC requires national courts, where a contracting authority's conduct has rendered the exercise of EU rights impossible or excessively difficult, to allow pleas alleging incompatibility with EU law to be admitted, even if the national limitation period for challenging the invitation to tender has...

Source-derived case information.

Citation
[2003] EUECJ C-327/00
Parties
Applicant: Santex SpA; Respondent: Unità Socio Sanitaria Locale n. 42 di Pavia (USL); Intervener: Sca Mölnlycke SpA
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling (article 234 Ec) / Judgment of the Court of Justice of the European Communities
Outcome
Preliminary ruling issued; Directive 89/665/EEC interpreted as requiring national courts to disapply limitation periods in certain circumstances.
Legal Topics
Limitation Periods, Judicial Review, Effectiveness of EU Law, Public Supply Contracts, Procedural Autonomy
European Union Law Public Procurement Limitation Periods Judicial Review Effectiveness of EU Law Public Supply Contracts Procedural Autonomy

Source-derived case record

Summary, issues, holding and outcome

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Parties

Santex SpA

Applicant

Unità Socio Sanitaria Locale n. 42 di Pavia (USL)

Respondent

Sca Mölnlycke SpA

Intervener

Procedural Posture

Preliminary Ruling (article 234 Ec) / Judgment of the Court of Justice of the European Communities

  1. 1 Whether national courts must disapply limitation periods for challenging public procurement decisions when the contracting authority's conduct renders exercise of EU rights impossible or excessively difficult.
  2. 2 Interpretation of Directive 89/665/EEC regarding effective judicial protection in public procurement.

Ratio Decidendi

Directive 89/665/EEC requires national courts, where a contracting authority's conduct has rendered the exercise of EU rights impossible or excessively difficult, to allow pleas alleging incompatibility with EU law to be admitted, even if the national limitation period for challenging the invitation to tender has expired, by disapplying such limitation periods if necessary.

Court Disposition

Preliminary ruling issued; Directive 89/665/EEC interpreted as requiring national courts to disapply limitation periods in certain circumstances.

Orders

  • Directive 89/665/EEC must be interpreted as imposing on national courts, where a contracting authority's conduct has rendered the exercise of EU rights impossible or excessively difficult, an obligation to allow as admissible pleas alleging incompatibility with EU law, by disapplying national limitation periods if...