PUBLIC PROCUREMENT CASES
October 1st, 2004
BY KEITH NUTHALLPUBLIC procurement procedures are illegal if they insist cost should be local authorities' sole consideration in selecting a contractor for certain jobs, according to a European Court of Justice (ECJ) ruling. It concluded that an Italian law (109 of 1994) broke EU directive 93/37/EEC by insisting that except for certain construction and management jobs "contracting authorities use only the criterion of the lowest price". The EU legislation however, insists that local authorities may choose contractors that are "most advantageous" according to a ...
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