Didam II: Supreme Court provides clarity
The Supreme Court clarified its earlier Didam ruling with a new ruling in the same case.
Rejected bidders need not be satisfied with that
Bidders who have been unfairly rejected need not be content with that. They can initiate summary proceedings against the award decision.
Once again, the Court interprets the duty to state reasons broadly
Contracting authorities must now better explain why they do not exclude a tenderer. This follows from a ruling by the European Court of Justice (C-66/22). Toscca ruling On Dec. 21, 2023, the European Court of Justice ruled in a Portuguese procurement case. The case involved the company Toscca, which opposed the outcome of a tender […]
Abnormally low tender: change in case law?
Dutch courts are generally reluctant to vindicate bidders who believe that a competitor’s bid is abnormally low. Recently, the Court of Justice of the European Union (‘the Court’) issued a ruling that may change this. This contribution discusses that ruling and provides practical tips. Procurement of IT services: the case study European Commission announces tender […]
Contracting authority must now give all documents to judge
Litigating against the outcome of a tender becomes easier: contracting authorities will now have to give all tender documents, including competitors’ bids, to the court. Losing in a tender is never fun. A tender is often well prepared and involves a lot of time and calculations. The outcome is even harder to digest when, as […]
Interim state of legal protection in procurement practice
In July 2019, a research report on the state of legal protection in procurement practice was published by the KWINK Group. The research confirms that tenderers consider legal protection in procurement law too low, while contracting authorities consider legal protection adequate. On this topic, see also my earlier article, “Adequate legal protection in procurement law?”. […]