SECAP (Law relating to undertakings) French Text [2007] EUECJ C-148/06_O (27 November 2007)

SECAP (Law relating to undertakings) French Text [2007] EUECJ C-148/06_O (27 November 2007)

The principles of free competition, transparency, non-discrimination, and the right to good administration under EU law preclude national rules that require automatic exclusion of abnormally low tenders in public procurement without a contradictory verification procedure, even for contracts not covered by the...

Source-derived case information.

Citation
[2007] EUECJ C-148/06_O
Parties
Applicant: SECAP SpA; Respondent: Comune di Torino
Jurisdiction
European Union
Judgment Date
27 November 2007
Procedural Posture
Preliminary Ruling (reference for a Preliminary Ruling) / Opinion of Advocate General
Outcome
Proposed answer to the referring court (Advocate General's Opinion): National rules requiring automatic exclusion of abnormally low tenders without contradictory verification are contrary to EU law principles.
Legal Topics
Public Contracts, Abnormally Low Tenders, Principles of Non Discrimination, Transparency, Right to Be Heard, Application of EU Law to Non Harmonised Contracts
European Union Law Public Procurement Public Contracts Abnormally Low Tenders Principles of Non Discrimination Transparency Right to Be Heard Application of EU Law to Non Harmonised Contracts

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Parties

SECAP SpA

Applicant

Comune di Torino

Respondent

Procedural Posture

Preliminary Ruling (reference for a Preliminary Ruling) / Opinion of Advocate General

Legal Issues

  1. 1 Whether Article 30(4) of Directive 93/37/CEE establishes a fundamental principle of EU law applicable to public contracts not covered by the directive
  2. 2 Whether automatic exclusion of abnormally low tenders without a hearing is compatible with EU law principles

Ratio Decidendi

The principles of free competition, transparency, non-discrimination, and the right to good administration under EU law preclude national rules that require automatic exclusion of abnormally low tenders in public procurement without a contradictory verification procedure, even for contracts not covered by the procurement directives, where the contract is of cross-border interest.

Court Disposition

Proposed answer to the referring court (Advocate General's Opinion): National rules requiring automatic exclusion of abnormally low tenders without contradictory verification are contrary to EU law principles.