SECAP (Law relating to undertakings) French Text [2007] EUECJ C-147/06_O (27 November 2007)

SECAP (Law relating to undertakings) French Text [2007] EUECJ C-147/06_O (27 November 2007)

EU law principles of competition, transparency, non-discrimination, and good administration preclude national rules requiring automatic exclusion of abnormally low offers in public procurement, even for contracts not covered by the directives, without a contradictory verification procedure.

Citation
[2007] EUECJ C-147/06_O
Parties
Applicant: SECAP SpA; Respondent: Comune di Torino
Jurisdiction
European Union
Judgment Date
27 November 2007
Procedural Posture
Preliminary Reference (demande De Décision Préjudicielle) / Opinion of Advocate General
Outcome
Proposed answer to preliminary questions: National rules requiring automatic exclusion of abnormally low offers without contradictory verification are contrary to EU law principles.
Legal Topics
Public Works Contracts, Abnormally Low Tenders, Principles of Competition, Transparency, Non Discrimination, Right to Be Heard, Administrative Procedure
European Union Law Public Procurement Public Works Contracts Abnormally Low Tenders Principles of Competition Transparency Non Discrimination Right to Be Heard +1 more

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Parties

SECAP SpA

Applicant

Comune di Torino

Respondent

Procedural Posture

Preliminary Reference (demande De Décision Préjudicielle) / Opinion of Advocate General

Legal Issues

  1. 1 Does Article 30(4) of Directive 93/37/CEE establish a fundamental principle of EU law applicable to public contracts not covered by the directive?
  2. 2 If not, is the rule a corollary or derived principle from competition, transparency, and non-discrimination, and does it override conflicting national rules for contracts outside the directive's scope?

Ratio Decidendi

EU law principles of competition, transparency, non-discrimination, and good administration preclude national rules requiring automatic exclusion of abnormally low offers in public procurement, even for contracts not covered by the directives, without a contradictory verification procedure.

Court Disposition

Proposed answer to preliminary questions: National rules requiring automatic exclusion of abnormally low offers without contradictory verification are contrary to EU law principles.