Overview

The case concerns the award of a works concession contract which also provided for the carrying out of certain additional works which had not been identified specifically in the contract notice and tender specifications (published separately).

The Court concluded that the award of the additional works constituted an award without an advertisement in breach of the requirements of Directive 93/37 (one of the predecessors to Directive 2004/18).

The case is of interest in that it highlights the risks associated with the not so uncommon practice of contracting authorities failing to describe their requirements with sufficient clarity in contract notices and other documents which they make available to interested parties.

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