Metalmeccanica Fracasso SpA, Leitschutz Handels- und Montage GmbH v Amt der Salzburger Landesregierung fur den Bundesminister fur wirtschaftliche Angelegenheiten: ECJ 16 Sep 1999

Where a tendering process completed leaving only one tender remaining, the contracting authority was not required to award the contract to the only tenderer judged to be suitable: ‘In a context different from that of the present case (there were several tenderers, not just one) the Court of First Instance stated that ‘the contracting authority is not bound to follow through to its end a procedure awarding a contract’ observing that in that respect the contracting authority enjoys a broad discretion provided that its decision is in no way arbitrary.’


C-27/98, [1999] EUECJ C-27/98, [1999] ECR I-5697, [2002] CMLR 1150






CitedEmbassy Limousines and Services v Parliament Europeen ECFI 17-Dec-1998
ECJ 1 Procedure – Reference to the Court of Justice on the basis of an arbitration clause – Condition – Existence of a valid contract – Contract governed by Directive 92/50 requiring a written agreement – . .

Cited by:

CitedCommunity Care North East (A Partnership) v Durham County Council QBD 29-Apr-2010
The parties had settled their dispute and sealed it in a Tomlin Order. The court now asked as to its power to vary such an order. The order required the defendant to reopen a tendering process, but other tenderers now objected, and the council felt . .
CitedMontpellier Estates Ltd v Leeds City Council QBD 24-Jun-2010
The defendant sought to strike out certain parts of the claim against it relating to the tendering process for works on a substantial development. It was said that the defendant had given improper preference for the development of its own site.
Lists of cited by and citing cases may be incomplete.

Administrative, Contract

Updated: 04 June 2022; Ref: scu.162320