Frankrijk voor Hof gedaagd over regels openbaar aanbesteden (en)

The Commission has decided to make a referral to the Court of Justice of the European Communities against France concerning the provisions of the public procurement code relating to the "definition contracts procedure".

This procedure governed by French Law may be used when the public purchaser is not itself able to specify the extent and nature of its requirements. Definition contracts are study service contracts intended to define the requirements in question and hence to determine the subject of, and establish the specifications for, a subsequent contract.

However, where several definition contracts with the same subject have been performed simultaneously, the disputed provisions of the public procurement code allow public purchasers, under certain conditions, to award a performance contract to one of the holders of the definition contracts either without a fresh call for tenders or, at the most, limiting the tender to such holders.

The Commission considers that this possibility conflicts with Public Contracts Directive 2004/18/EC, since it is not justified by any derogation in the Directive from the ordinary contract award procedures laid down therein.

The latest information on infringement proceedings concerning all Member States is available at:

http://ec.europa.eu/community_law/index_en.htm