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Rejection of abnormally low and non-compliant tenders in EU public procurement : A comparative view on selected jurisdictions

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posted on 30.01.2015, 11:45 by Albert Sanchez Graells
This paper attempts a concise comparison of the rules applicable to the rejection of abnormally low (§2) and non-compliant tenders (§3) in a number of EU jurisdictions. In order to set the commonground for the analysis of such domestic rules, which are solely applicable to non-negotiated procedures, the paper first offers a description of the rules in the EU public procurement Directives and the case law of the European Courts (ie GC and CJEU), and then proceeds to compare them against this benchmark and amongst themselves. Where possible, the paper highlights innovative or different solutions, as well as potential deviations from EU law.

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Citation

Sanchez Graells, A, Rejection of Abnormally Low and Non-Compliant Tenders in EU Public Procurement: A Comparative View on Selected Jurisdictions, ed. Caranta, R;Treumer, S, 'Award of Contracts in Eu Procurements', Djoef Pub, 2013, pp. 267-302

Author affiliation

/Organisation/COLLEGE OF ARTS, HUMANITIES AND LAW/School of Law

Version

AM (Accepted Manuscript)

Published in

Sanchez Graells

Publisher

Djoef Publishing

isbn

8757431531;9788757431537

Copyright date

2013

Publisher version

http://www.djoef-forlag.dk/da/Soegeresultat?q=9788757431537

Notes

The file associated with this record is embargoed while permission is sought from the publisher to archive.

Editors

Caranta, R.;Treumer, S.

Book series

European Procurement Law Series;

Language

en

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