Veridos (Judgment) French Text [2022] EUECJ C-669/20 (15 September 2022)

Veridos (Judgment) French Text [2022] EUECJ C-669/20 (15 September 2022)

Contracting authorities are required under EU law to verify the existence of abnormally low offers when there are suspicions, irrespective of the number of offers submitted or the applicability of national criteria. The absence of a national criterion or only two offers does not exempt the authority from this...

Source-derived case information.

Citation
[2022] EUECJ C-669/20
Parties
Applicant: Veridos GmbH; Respondent: Ministar na vatreshnite raboti na Republika Bulgaria; Respondent: Mühlbauer ID Services GmbH – S&T
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Judgment on Reference From Varhoven Administrativen Sad (supreme Administrative Court, Bulgaria)
Outcome
Questions answered; interpretation of EU law provided.
Legal Topics
Anomalously Low Tenders, Judicial Review, Public Procurement Procedures, Interpretation of EU Directives, Market Competition
European Union Law Public Procurement Anomalously Low Tenders Judicial Review Public Procurement Procedures Interpretation of EU Directives Market Competition

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Parties

Veridos GmbH

Applicant

Ministar na vatreshnite raboti na Republika Bulgaria

Respondent

Mühlbauer ID Services GmbH – S&T

Respondent

Procedural Posture

Preliminary Reference / Judgment on Reference From Varhoven Administrativen Sad (supreme Administrative Court, Bulgaria)

  1. 1 Whether EU law obliges contracting authorities to verify abnormally low offers when national criteria are inapplicable or only two offers are submitted
  2. 2 Whether the absence of suspicion of an abnormally low offer exempts the authority from verification and motivation duties
  3. 3 Whether such decisions are subject to judicial review

Ratio Decidendi

Contracting authorities are required under EU law to verify the existence of abnormally low offers when there are suspicions, irrespective of the number of offers submitted or the applicability of national criteria. The absence of a national criterion or only two offers does not exempt the authority from this obligation. Furthermore, decisions not to verify for abnormally low offers are subject to judicial review, but there is no obligation to provide explicit motivation in the absence of suspicion.

Court Disposition

Questions answered; interpretation of EU law provided.

Orders

  • Articles 38 and 49 of Directive 2009/81/EC require verification of abnormally low offers when there are suspicions, regardless of national criteria or number of offers.
  • Article 55(2) of Directive 2009/81/EC, read with Article 47 of the Charter, allows judicial review of decisions not to verify for abnormally low offers.