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Public procurement: the failure to list the labor costs separately

  • 21/05/2019

The Court of Justice of the European Union, in the case C 309/18, has dealt with the issue of consequences of the failure, in a financial tender, to list the labor costs separately.

The Community principles of legal certainty, equality of treatment, proportionality and transparency, referred to in Directive 2014/24/ EU, do not preclude the application of national legislation, such as the Italian legislation, founded on the combined provisions of Article 95 and Article 83 of Legislative Decree no. 50/2016, according to which the failure to list the labor costs separately in the financial tender in a procedure for the award of public services inevitably results in the exclusion of the tendering undertaking concerned without the possibility of supplementing or amending its tendering documentation, even in the case where the obligation to list those costs separately was not set out in the tender documents, and even though, in substantive terms, the tender in question actually took into account the minimum labor costs, in accordance, moreover, with a declaration for that purpose made by the tenderer.

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