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European Union

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05 February 2010
Issue: 7403 / Categories: Case law , Law digest
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European Commission v Ireland C-456/08, [2010] All ER (D) 205 (Jan)

Article 8(2) of Council Directive (EEC) 93/37 (concerning the coordination of procedures for the award of public works contracts) required contracting authorities to inform candidates and tenderers promptly of the decisions taken on contract awards. Notification to unsuccessful candidates and tenderers of the public contract award decision was mandatory under that provision.

That same obligation also arose under art 1(1) of Council Directive (EEC) 89/665 (on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts), inasmuch as the possibility of bringing an effective action against award decisions could be ensured only if all candidates or tenderers were informed in good time of those decisions.

 

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