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Image header Agence Europe
Europe Daily Bulletin No. 8624
Contents Publication in full By article 39 / 47
GENERAL NEWS / (eu) eu/public procurement

Commission asks Belgium to provide review procedures for unsuccessful tenderers

Brussels, 15/01/2004 (Agence Europe) - The European Commission has sent a reasoned opinion to Belgium, calling on it to put into place procedures allowing those unsuccessful in tenders for public procurement to challenge decisions by awarding authorities, before it is too late for decisions to be changed. In the absence of any satisfactory reply within two months, the Commission could decide to bring Belgium before the Court of Justice. The Commission points out that in its Alcatel ruling, the Court had specified that Member States must provide review procedures allowing a decision on the allocation of public procurement to be suspended or overturned, at a stage when any infringement can still be put right. The Commission deduces that the consequence of this judgement with regard to the applicable Belgian law is that a reasonable period must be allowed between unsuccessful tenderers being notified of the decision awarding a contract and the signing of the contract. However, under Belgian law, there is not obligation to allow such a period.

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