>>>Public procurement subcontracting: requiring contractor to execute main part of contract is, in principle, unlawful (CMS)

Public procurement subcontracting: requiring contractor to execute main part of contract is, in principle, unlawful (CMS)

As you will recall, the Court of Justice ruled in a judgment of 14 July 2016 (C-406/14) that a contracting authority is not allowedto require, by a general stipulation in the tender specifications of a public contract, that the future contractor of that contract perform a certain abstract percentage of the works covered by that contract itself.

Similarly, the Court of Justice ruled in a recent judgment of 5 April 2017 (C-298/15) that a provision of national law which states that, where subcontractors are invited to carry out a public contract, the main part, as defined by the contracting entity, must be performed by the successful tenderer itself (and thus not by the subcontractor) is in principle not admissible because it breaches EU law. Interestingly, this was despite the fact that the contract in question had a value below the threshold for the relevant EU Directive, the Utilities Directive (2004/17/EC).

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2017-08-15T20:52:39+00:00 28 april 2017|Categories: Overheidsopdrachten|Tags: , , , |