Cases - Commission of the European Communities v Kingdom of Belgium
Record details
- Name
- Commission of the European Communities v Kingdom of Belgium
- Date
- (1996)
- Citation
- C-87/94
- Legislation
- Keywords
- Tendering and procurement - Utilities Contracts Regulations 2006
- Summary
-
The ECJ held that a Belgian public transport authority had failed to satisfy the requirements of equal treatment and transparency in its tender procedure for a contract to supply 307 vehicles. The ECJ considered that the Utilities Procurement Directive 90/531/EEC (in this case transport) then in force (see now Directive 2004/17/EC; and in the UK the Utilities Contracts Regulations 2006), would be breached by several features of the transport authority's conduct. Specifically, the authority had taken into account information submitted by the tenderer with its bid, had awarded the contract on the basis of figures not compliant with the prescriptive requirements of the contract documents and had taken into account cost-saving recommendations by the successful tenderer notice referred to in the contract documents or tender notice. These actions did not meet the Directive's fundamental requirements of equal treatment and transparency.