Rejection of Abnormally Low and Non-Compliant Tenders in EU Public Procurement: A Comparative View on Selected Jurisdictions
European Procurement Law Series, Vol 6, Forthcoming
25 Pages Posted: 12 Apr 2013
Date Written: April 11, 2013
This paper attempts a concise comparison of the rules applicable to the rejection of abnormally low and non-compliant tenders in a number of EU jurisdictions (namely, Denmark, France, Germany, Italy, Poland, Romania, Spain and the United Kingdom). In order to set the common ground for the analysis of such domestic rules, which are solely applicable to non-negotiated procedures, the paper first offers a description of the rules in the EU public procurement Directives and the case law of the European Courts (ie GC and CJEU), and then proceeds to compare them against this benchmark and amongst themselves. Where possible, the paper highlights innovative or different solutions, as well as potential deviations from EU law.
Keywords: public procurement, award criteria, abnormally low tender, non-compliant tender, rejection, discretion, good administration, proportionality, non discrimination, competition, EU law, comparative law
JEL Classification: H25, H57, K21, K23, K40
Suggested Citation: Suggested Citation