In Case T-717/20, LENOVO v EuroHPC, Judgment on 19 October 2022, the EU General Court says that:-

1. The aim of the principle of equal treatment between tenderes is to promote the development of healthy and effective competition between undertakings taking part in a a public procurement procedure: para 29;
2. All tenderers must be afforded equality of opportunity when formulating their tenders: ibid;
3. The tenders of all competitors must be subject to the same conditions: ibid;
4. The principle of equal treatment also implies an obligation of transparency: para 30;
5. That is in order to permit verification that the principle has been complied with: ibid;
6. The principle of transparency is essentially intended to preclude any risk of favouritism or arbitrariness on the part of the contracting authority: para 31;
7. All the conditions and detailed rules of the award procedure must be drawn up in a clear, precise and unequivocal manner in the notice or contract documents: ibid;
8. The principle of equal treatment and the obligation of transparency cannot, as a rule, preclude an economic operator from being excluded because it has failed to comply with an  obligation that is expressly imposed in the documents: para 32.

This entry was posted on Thursday, October 20th, 2022 at 12:13 pm and is filed under Decision making and Contracts. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.