Keywords
Summary

Keywords

Approximation of laws — Procedures for the award of public supply contracts — Directive 93/36 — Withdrawal of the invitation to tender — Condition — Compliance with the fundamental rules of Community law on public contracts — (Council Directives 92/50, 93/36 and 93/37)

Summary

Directive 93/36 coordinating procedures for the award of public supply contracts must be interpreted, in accordance with the Court's case-law with respect to Directives 92/50 and 93/37, as meaning that a contracting authority which has commenced a procedure for the award of a contract on the basis of the lowest price may discontinue the procedure, without awarding a contract, when it discovers after examining and comparing the tenders that, because of errors committed by itself in its preliminary assessment, the content of the invitation to tender makes it impossible for it to accept the most economically advantageous tender, provided that, when it adopts such a decision, it complies with the fundamental rules of Community law on public procurement such as the principle of equal treatment.

see para 36, operative part