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Rejection of abnormally low and non-compliant tenders in EU public procurement : A comparative view on selected jurisdictions
chapterposted on 2015-01-30, 11:45 authored by Albert Sanchez Graells
This paper attempts a concise comparison of the rules applicable to the rejection of abnormally low (§2) and non-compliant tenders (§3) in a number of EU jurisdictions. In order to set the commonground 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.
CitationSanchez Graells, A, Rejection of Abnormally Low and Non-Compliant Tenders in EU Public Procurement: A Comparative View on Selected Jurisdictions, ed. Caranta, R;Treumer, S, 'Award of Contracts in Eu Procurements', Djoef Pub, 2013, pp. 267-302
Author affiliation/Organisation/COLLEGE OF ARTS, HUMANITIES AND LAW/School of Law
- AM (Accepted Manuscript)