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Is Zero a Public Procurement Number?

Abnormally Low Tenders in Light of a European Court of Justice Case

Mario Rašić


Keywords: abnormally low tenders, Directive 2014/24/EU, award criteria

The purpose of this article is to provide a concise analysis of the rules applicable to the rejection of abnormally low and non-compliant tenders in the European Union. The paper will deal with a case decided by the European Court of Justice which deals with violations of rights or fundamental freedoms regarding the (potential) irregularities of tenders. The study is exploratory and interpretative in nature. Data used for this research is secondary data: the author analyses prior research, regulations and decisions of the European Court of Justice and national authorities. The first section of this paper will examine the history and development of the institute of abnormally low tenders within the European Union and Slovenian positive law. The main research part of the paper is the analysis of the most relevant cases stemming from the European Court of Justice. Finally, the main scientific contribution of this paper, in addition to the analysis, is the de lege ferenda observations, which may contribute to resolving challenges related to abnormally low tenders in the EU.
Keywords: abnormally low tenders, Directive 2014/24/EU, award criteria

Mario Rašić, LLM, Lecturer in Law at EFFECTUS – Entrepreneurial Studies – University College, PhD candidate at Law Faculty, University of Ljubljana. For correspondence: <>.


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