Rejection of Abnormally Low and Non-Compliant Tenders in EU Public Procurement: A Comparative View on Selected Jurisdictions

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Abstract

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.
Original languageEnglish
Title of host publicationAward of Contracts in EU Procurements
EditorsMario Comba, Steen Treumer
Place of PublicationCopenhagen
PublisherDJOF Publishing
Pages267-302
ISBN (Print)9788757431537
Publication statusPublished - 2013

Publication series

NameEuropean Procurement Law Series
PublisherDJOF Publishing

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