ECJ Public procurement – Directive 89/665/EEC – Public procurement review – Action brought by an unsuccessful tenderer for review of a decision awarding a contract – Action for review based on the ground that the bid selected did not meet the technical specifications for the contract – Counterclaim made by the successful tenderer alleging that certain technical specifications for the contract were not respected in the bid submitted by the tenderer seeking review – Neither of those bids in compliance with the technical specifications for the contract – National case-law requiring that the counterclaim be examined first and, where such a counterclaim proves well founded, that the main action be declared inadmissible without any consideration of its merits – Whether compatible with European Union law
C-100/12, [2013] EUECJ C-100/12
Bailii
Directive 89/665/EEC
European
Updated: 15 November 2021; Ref: scu.512170
