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Keyword: grounds for exclusion

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The New German Competition Register for Public Procurement: journal article

Improvements for Public Contracting Entities and for Companies That Seek Self-Cleaning

Kai Hooghoff, Till Wiesner

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 2, Page 118 - 126

The Competition Register for Public Procurement has been put into operation at the Bundeskartellamt in Germany. The Competition Register centrally and electronically provides public contracting entities with comprehensive information on possible grounds for excluding an undertaking from a specific award procedure for having engaged in economic misconduct. A central access point to such information had previously not been available in Germany. The Competition Register closes this information gap and allows public contracting entities to make an informed decision when assessing whether grounds for exclusion exist. The Competition Register also opens up the possibility for undertakings to have their self-cleaning measures checked by a central body. If the Bundeskartellamt deems the requirements for self-cleaning to have been fulfilled, the undertaking’s entry is deleted from the register. This decision is binding on all contracting authorities in Germany, meaning the undertaking in question may then no longer be excluded from procurement procedures. The Bundeskartellamt has published Guidelines and a Practical Guide on self-cleaning and the procedure for the deletion of an entry. Keywords: Competition Register; self-cleaning; grounds for exclusion; compliance

Tenderers May Be Excluded, If the Grounds for Exclusion Are Applicable to Their Subcontractors journal article

Annotation on the Judgment of the Court of Justice of the European Union (Second Chamber) of 30 January 2020 in Case C-395/18 Tim SpA - Direzione e coordinamento Vivendi SA v Consip SpA and Ministero dell'Economia e delle Finanze

Zbigniew Raczkiewicz

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 2, Page 179 - 181

In January 2020 the Court of Justice of the European Union delivered its judgment in Case C-395/18. The Court said that the public procurement regime of the European Union does not preclude exclusion of a tenderer, if the ground for exclusion is applicable to one from its subcontractors. However, such exclusion shall not be automatic.

Competition in the Competitor: Collusion in Public Procurement Procedures and Insurance Syndicates journal article

Annotation on the Judgment of the Court of Justice of the European Union (Sixth Chamber) of 8 February 2018 in Case C-144/17 Lloyd’s of London v Agenzia Regionale per la Protezione dell’Ambiente della Calabria.

Giuseppe Bitti

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 2, Page 129 - 133

The Case deals with the exclusion from procurement procedures of tenderers which are part of the same association, due to possible collusions among them. The Court of Justice of the European Union was asked whether national legislation which foresees additional exclusion grounds, forbidding undertakings which are part of the same associative or corporate structure from participating in tendering procedures through a common proxy, complies with EU law. The Court clarified the issue, and confirmed that the general principles of equal treatment, transparency and non-discrimination allow national legislation to foresee further grounds for exclusion, in addition to those mentioned by Directive 2004/18. Such legislation shall nonetheless comply with and be interpreted according to the equally important principle of proportionality.

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