News
European Court of Justice: only a participant in a public procedure is allowed to contest its acts
- 05/03/2019
The European Court of Justice, with Ruling of 28th November 2018 (case C-328/17), stated that the EU legislation on public procurement does not preclude a national legislation (specifically the Italian one) which does not allow economic operators to appeal against tender proceedings in which they did not take part.
More specifically, the Court held that neither Article 1, par. 3 of Council Directive 89/665/EEC of 21st December 1989, nor Article 1, par. 3 of Council Directive 92/13/EEC Council, as amended, preclude a national legislation which does not provide a judicial remedy against decisions of the contracting authority, relating to a procurement procedure to which the applicants have decided not to attend.
NEWS
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