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Establishing a restrictive requirement for qualification in the public procurement procedure

The High Court of Cassation and Justice decided that provided that the contracting authority did not limit at using in the tender documentation as qualification requirements, only submitting “the balance sheet at 31 December 2008,” but imposed as a requirement for qualification “the balance sheet certifying that the company has not recorded loss on 31 December 2008” such a requirement is restrictive, exceeding the requirements of Art. 185 para. (1) b) the EGO no. 34/2006. In this regard, the High Court stated that the imposition of a single criterion for assessing the economic and financial situation led to restricting / limiting the number of bidders who would have met the other requirements to prove a positive economic-financial situation, violating the promotion of competition between economic operators enshrined to Art. 2 para. (1) EGO no. 34/2006, as one of the main purposes of this regulation. As a consequence, the High Court held that because of deviations / irregularities in the tender documentation violating the provisions of public procurement law, the monitoring body established within the prerogatives of contracting authority a financial correction. (Decision no. 4178 of November 6, 2014 rendered in appeal by The Administrative and Fiscal Division of The High Court of Cassation and Justice, covering annulment of note finding irregularities and establishing financial corrections)

:: The Source: JURIDICE.ro

Anda-Laura TĂNASE

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