Cases - Gebroeders Beentjes BV v State of the Netherlands
Record details
- Name
- Gebroeders Beentjes BV v State of the Netherlands
- Date
- (1988)
- Citation
- Case 31/87
- Legislation
- Keywords
- Tendering and procurement - Public Contract Regulations 2006
- Summary
-
Beentjes was the lowest tenderer for a land consolidation contract let by a Dutch government body but was unsuccessful in its bid. Its challenge to the award was referred to the ECJ. The ECJ held that the criterion of 'most acceptable tender' was permissible, provided it reflected the awarding authority's discretion to determine the most economically advantageous tender on the basis of objective criteria, and not purely arbitrary choice. It was also legitimate for specific experience of the work to be made a criterion for assessing technical ability and knowledge under the Public Works Contracts Directive then in force (see now Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public services contracts; and see the Public Contracts Regulations 2006 in the UK).
The tender notice had referred to the desirability of employing long-term unemployed persons on the project; this was allowable provided it did not have the effect of discrimination against tenderers from other Member States and provided it was specifically mentioned in the notice.