Keywords
Summary

Keywords

1 . FREEDOM TO PROVIDE SERVICES - COORDINATION OF PROCEDURES FOR THE AWARD OF PUBLIC WORKS CONTRACTS - PROOF OF TENDERER ' S GOOD STANDING AND QUALIFICATIONS - REQUIREMENT OF AN ESTABLISHMENT PERMIT - NOT PERMISSIBLE

( EEC TREATY , ART . 59 ; COUNCIL DIRECTIVE 71/305 , ARTS . 23 TO 26 )

2 . FREEDOM TO PROVIDE SERVICES - COORDINATION OF PROCEDURES FOR THE AWARD OF PUBLIC WORKS CONTRACTS - ABNORMALLY LOW TENDER - OBLIGATIONS OF THE AUTHORITY AWARDING THE CONTRACT

( COUNCIL DIRECTIVE 71/305 , ART . 29 ( 5 ))

Summary

1 . COUNCIL DIRECTIVE 71/305 MUST BE INTERPRETED AS PRECLUDING A MEMBER STATE FROM REQUIRING A TENDERER IN ANOTHER MEMBER STATE TO FURNISH PROOF BY ANY MEANS , FOR EXAMPLE BY AN ESTABLISHMENT PERMIT , OTHER THAN THOSE PRESCRIBED IN ARTICLES 23 TO 26 OF THAT DIRECTIVE , THAT HE SATISFIES THE CRITERIA LAID DOWN IN THOSE PROVISIONS AND RELATING TO HIS GOOD STANDING AND QUALIFICATION .

THE RESULT OF THAT INTERPRETATION OF THE DIRECTIVE IS ALSO IN CONFORMITY WITH THE SCHEME OF THE TREATY PROVISIONS CONCERNING THE PROVISION OF SERVICES . TO MAKE THE PROVISION OF SERVICES IN ONE MEMBER STATE BY A CONTRACTOR ESTABLISHED IN ANOTHER MEMBER STATE CONDITIONAL UPON THE POSSESSION OF AN ESTABLISHMENT PERMIT IN THE FIRST STATE WOULD BE TO DEPRIVE ARTICLE 59 OF THE TREATY OF ALL EFFECTIVENESS , THE PURPOSE OF THAT ARTICLE BEING PRECISELY TO ABOLISH RESTRICTIONS ON THE FREEDOM TO PROVIDE SERVICES BY PERSONS WHO ARE NOT ESTABLISHED IN THE STATE IN WHICH THE SERVICE IS TO BE PROVIDED .

2 . WHEN IN THE OPINION OF THE AUTHORITY AWARDING A PUBLIC WORKS CONTRACT A TENDERER ' S OFFER IS OBVIOUSLY ABNORMALLY LOW IN RELATION TO THE TRANSACTION ARTICLE 29 ( 5 ) OF DIRECTIVE 71/305 REQUIRES THE AUTHORITY TO SEEK FROM THE TENDERER , BEFORE COMING TO A DECISION AS TO THE AWARD OF THE CONTRACT , AN EXPLANATION OF HIS PRICES OR TO INFORM THE TENDERER WHICH OF HIS TENDERS APPEAR TO BE ABNORMAL , AND TO ALLOW HIM A REASONABLE TIME WITHIN WHICH TO SUBMIT FURTHER DETAILS .