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

Abstract

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.