Keywords
Summary

Keywords

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1 . APPROXIMATION OF LAWS - PROCEDURES FOR THE AWARD OF PUBLIC WORKS CONTRACTS - TENDERER' S FINANCIAL AND ECONOMIC STANDING - REFERENCES REQUIRED - MEMBER STATES' DISCRETION - FIXING OF MAXIMUM VALUE OF THE WORKS WHICH MAY BE CARRIED OUT AT ONE TIME - PERMISSIBLE

( COUNCIL DIRECTIVE 71/305, ART . 25 )

2 . APPROXIMATION OF LAWS - PROCEDURES FOR THE AWARD OF PUBLIC WORKS CONTRACTS - TENDERER' S FINANCIAL AND ECONOMIC STANDING - LEVEL REQUIRED - MEMBER STATES' DISCRETION - RECOGNITION IN A MEMBER STATE - PROBATIVE VALUE IN REGARD TO AN AWARDING AUTHORITY IN ANOTHER MEMBER STATE - LIMITS

( COUNCIL DIRECTIVE 71/305, ARTS 25, 26 AND 28 )

Summary

1 . THE REFERENCES ENABLING A CONTRACTOR' S FINANCIAL AND ECONOMIC STANDING TO BE DETERMINED ARE NOT EXHAUSTIVELY ENUMERATED IN ARTICLE 25 OF COUNCIL DIRECTIVE 71/305 CONCERNING THE COORDINATION OF PROCEDURES FOR THE AWARD OF PUBLIC WORKS CONTRACTS .

A STATEMENT OF THE TOTAL VALUE OF THE WORKS AWARDED TO A CONTRACTOR MAY BE REQUIRED FROM TENDERERS AS A REFERENCE WITHIN THE MEANING OF THE SAID ARTICLE 25 AND NEITHER THAT ARTICLE NOR ANY OTHER PROVISION OF THE DIRECTIVE PRECLUDES A MEMBER STATE FROM FIXING THE VALUE OF THE WORKS WHICH MAY BE CARRIED OUT AT ONE TIME .

2 . ARTICLES 25, 26 AND 28 OF DIRECTIVE 71/305 MUST BE INTERPRETED AS NOT PRECLUDING AN AWARDING AUTHORITY FROM REQUIRING A CONTRACTOR RECOGNIZED IN ANOTHER MEMBER STATE TO FURNISH PROOF THAT HIS UNDERTAKING HAS THE FINANCIAL AND ECONOMIC STANDING AND TECHNICAL CAPACITY REQUIRED BY NATIONAL LAW EVEN WHEN THE CONTRACTOR IS RECOGNIZED IN THE MEMBER STATE IN WHICH HE IS ESTABLISHED IN A CLASS EQUIVALENT TO THAT REQUIRED BY THE NATIONAL LAW BY VIRTUE OF THE VALUE OF THE CONTRACT TO BE AWARDED UNLESS THE CLASSIFICATION OF UNDERTAKINGS IN BOTH MEMBER STATES CONCERNED IS BASED ON EQUIVALENT CRITERIA IN REGARD TO THE CAPACITIES REQUIRED .