Brussels, 04/12/2008 (Agence Europe) - On 27 November, the European Commission sent a letter of formal notice asking Spain for information on how it awarded pubic contracts. The Commission wishes to make sure that Spanish procedures allow unsuccessful bidders to appeal against the award decision if they suspect any irregularity.
In April of this year, the European Court of Justice found against Spain because of two failings in its procedures: firstly, there was a failure to lay down a mandatory period for the contracting authority to notify the decision on the award of the contract to all the bidders, and, secondly, there was no mandatory waiting period between the award of the contract and its conclusion. According to the Court, such a waiting time is essential to allow unhappy tenderers to begin an appeal against the decision should they feel inclined to do so (judgment in Case C-444/06). Spain has revised its legislation with the introduction of Law 30/2007, which came into force on 1 May 2008. This law provides for such a waiting time between announcement of the decision by the awarding authority and the signing of the contract. The Commission still holds some doubts, however, that this waiting time is sufficient to allow an effective appeal by unsuccessful bidders. The Commission, thus, through Thursday's formal notice, is calling for further information on the issue. (C.D./transl.rt)