The lawful interest of an excluded at a prior stage tenderer to request the exclusion of the successful tenderer

Τhis Newsletter aims to provide a summary of ruling no. 235/2019, held by the Committee of Suspension of the Plenary Assembly of the Council of State for a preliminary ruling from the of interpretation of Articles 1 (par. 3) 2 (par. 1, points a and b) and 2a (par. 2) of the Directive 92/13 / EEC regarding the interest in bringing proceedings instigated by an excluded tenderer at a stage prior to the award of the contract requesting the exclusion of the other tenderers at this stage. The Committee ruled that the infringement of the Principle of equal treatment of tenderers is so far the only reason, in accordance with rulings of the Council of State, that may lead to the annulment of the award of a contract to another tenderer and for that reason is seeking for a preliminary ruling by the ECJ regarding the possibility for a non-definitively excluded tenderer to seek the exclusion of other tenderers on the basis of reasons other than that.

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