Albert Sánchez Graells

University of Bristol - Law School
Senior Lecturer

Dr Albert Sanchez Graells is Senior Lecturer in Law at the University of Bristol Law School and a Member of the European Commission Stakeholder Expert Group on Public Procurement (2015-18). He is a specialist in European economic law, with a main focus on competition law and public procurement. He is also interested in general issues of sector regulation and corporate governance and, more broadly, in the rules supporting the development and expansion of the European Union’s internal market. He takes a law and economics approach to his research and is particularly keen on the analysis of the systems of incentives and enforcement mechanisms that law creates or facilitates. Albert was previously a Senior Lecturer in Commercial Law at the Law School of the University of Leicester (2013-15) and the acting Director of its Centre for European Law and Internationalisation (2014-15). Before that, he was a Lecturer at the University of Hull, where he was Director of the Hull Commercial Law and Policy Centre (2012-13), and a Lecturer in Commercial and European Law at the Law Faculty of the Comillas Pontifical University (Madrid, Spain), as well as Director of its Master in International and European Business Law (2009-12). Prior to joining academia, he was a practising lawyer advising multinational corporations on competition and public procurement matters. Albert has conducted research at the Library of Congress (Washington), the Centre for Competition Law and Policy of the University of Oxford and the Law Department of the Copenhagen Business School. His research interests are in law and economics, especially regarding competition and public procurement law, on which he completed his PhD (Eur) and published "Public Procurement and the EU Competition Rules", 2nd edn (Oxford, Hart Publishing, 2015). Most of his working papers are available at http://ssrn.com/author=542893 and his analysis of current legal developments is published in his blog http://howtocrackanut.blogspot.co.uk/. He is a regular speaker at international conferences and has been recently invited by the European Court of Auditors and European Commission as an academic in public procurement and competition matters. He has also advised the World Bank and other international institutions regarding public procurement reform.

Linked author

University of East Anglia - CCP (Norwich)

Articles

8546 Bulletin

Albert Sánchez Graells The Advocate General Campos-Bordona proposes the EU Court of Justice to declare fines for clarification or supplementation of procurement documents as contrary to EU law only if disproportionate (Ma.t.i. Sud)

141

AG suggests CJUE should declare fines for clarification or supplementation of procurement documents as contrary to EU law only if disproportionate (C-523/16)* In his Opinion of 15 November 2017 in case MA.T.I. SUD, C-523/16, EU:C:2017:868, Advocate General Campos Sánchez-Bordona has considered (...)

Albert Sánchez Graells The European Court of Justice implicitly rejects the General Court’s views on subjective assessment of two-part State aid measures under Art 107(1) TFEU (MOL Magyar Olaj)

87

CJEU implicitly rejects GC’s views on subjective assessment of two-part State aid measures under Art 107(1) TFEU (C-15/14)* In its Judgment in Commission v MOL, C-15/14, EU:C:2015:362, the CJEU upheld the previous Judgment of the GC where the selectivity of two-part State aid measures was (...)

Albert Sánchez Graells The EU General Court dismisses an appeal, reminding that it cannot be declared that no infringement of EU law exists for the mere fact that the relevant action also violated national law (Diputación Foral de Bizkaia)

49

Social housing, State aid and procurement show up again in EU Courts’ case law (T-397/12)* In its Judgment in Diputación Foral de Bizkaia v Commission, T-397/12, EU:T:2015:291 (only available in ES and FR), the General Court (GC) of the Court of Justice of the European Union (CJEU) has decided a (...)

Albert Sánchez Graells EU Advocate General Szpunar submits that taxing only fissionable nuclear materials used for the production of electricity does not constitute State aid (Kernkraftwerke Lippe-Ems / Hauptzollamt Osnabrück)

69

AG Szpunar submits that German nuclear taxes are not State aid, but his reasoning is totally unimaginative (C-5/14)* In its Opinion in Kernkraftwerke Lippe-Ems, C-5/14, EU:C:2015:51 (not available in English), AG Spuznar has submitted to the CJEU that a German tax on fissionable nuclear (...)

Albert Sánchez Graells The European Court of Justice rules that allowing London taxis to use bus lanes while prohibiting private hire vehicles from doing so does not appear to involve State aid (Eventech)

101

A criticism of the CJEU’s ruling that allowing London taxis to use bus lanes while prohibiting private hire vehicles from doing so does not appear to involve State aid (Eventech, C-518/13)* In its judgment of 14 January 2015 in Eventech (C-518/13, EU:C:2015:9), the Court of Justice of the EU (...)

Albert Sánchez Graells The EU Court of Justice clarifies the threshold of competitive distortion required in the application of Articles 102 and 106(1) TFEU to State measures concerned with public undertakings or undertakings with special or exclusive rights (Greek Lignite case)

276

CJEU fuels joint application of Arts 102 & 106(1) TFEU to suppress unequal conditions of competition (C-553/12P)* In its Judgment in Commission v DEI, C-553/12 P, EU:C:2014:2083, the CJEU has (further) clarified the threshold of competitive distortion required in the application of Arts (...)

Albert Sánchez Graells The EU General Court affirms the incompatibility of the state aid related to culture facilities and requires the applicant to divest its € 274 million stake in the film studios (Ciudad de la Luz)

48

... and Cut! Lights Out for the €274mn Spanish "Ciudad de la Luz" Film Studios (T-319/12)* In its Judgment of 3 July 2014 in Spain v Commission (Ciudad de la Luz), joined cases T-319/12 and T-321/12, EU:T:2014:604 (not available in English), the General Court (GC) reviewed Commission’s Decision (...)

Albert Sánchez Graells The EU General Court rejects an action for annulment against the requirement of the Commission to provide a guarantee issued by a bank with a long term credit rating AA as a condition for deferred fines payment (Quimitécnica.com / José de Mello)

102

Competition infringer: You don’t want the EU Commission as your banker (T-564/10)* In its Judgment in Quimitécnica.com and de Mello v Commission, T-564/10, EU:T:2014:583, the General Court has addressed a rather strange issue concerning the interest rates applicable by the European Commission (...)

Albert Sánchez Graells The EU Court of Justice issues a new decision concerned with the in-house exception to the application of the EU public procurement rules (Centro Hospitalar de Setúbal)

94

It Won’t Last Long? CJEU takes a functional, competition-based approach to in-house provision that questoins the criteria in the new EU procurement directives (C-574/12)* In its Judgment in Centro Hospitalar de Setúbal and SUCH, C-574/12, EU:C:2014:2004, the Court of Justice of the EU (CJEU) has (...)

Albert Sánchez Graells The EU General Court dismisses an action for annulment brought by a competitor against a Commission decision finding no state aid in relation to licensing of software terms offered by a university (Scheepsbouwkundig Advies- en Rekencentrum)

97

State aid and (university) software licensing: who’s interested? (T-488/11)* In its Judgment of 12 June 2014 in case Sarc v Commission, T-488/11, EU:T:2014:441, the General Court of the EU (GC) has assessed an interesting case concerned with the licensing of software developed at a Dutch (...)

Albert Sánchez Graells The EU General Court upholds the Commission decision in consideration of two exclusionary practices on the market for supply of CPUs, opening the door to a further appeal to the CJEU and to a possible application before the ECtHR (Intel)

393

Could Intel challenge its 1bn Euro fine on grounds of ’corporate human rights’* After last week’s General Court Judgment in Intel v Commission, T-286/09, EU:T:2014:475, the 2 month period for Intel to appeal the confirmation of its 1bn Euro fine before the Court of Justice of the EU on points of (...)

Albert Sánchez Graells The EU General Court imposes an onerous burden of proof requiring evidence on the existence of a de facto advantage derived from the existence of a conflict of interest with a view on the annulment of a tender decision for the provision of language training services for staff of the EU institutions in Brussels (Communicaid Group)

82

GC sets burden of proof of conflicts of interest in procurement too high (T-4/13)* In its Judgment in Communicaid Group v Commission, T-4/13, EU:T:2014:431, the General Court (GC) decided another appeal against EU Institution’s public procurement decisions. In this case, the procurement was for (...)

Albert Sánchez Graells, Sebastian Peyer The EU Court of Justice establishes that national provisions on civil liability for loss caused by a cartel shall include compensation for loss resulting from price setting above the level expected in competitive conditions by a non-party to the cartel (Kone / ÖBB-Infrastruktur)

218

When the CJEU opens the umbrella, lawyers and economists get ready for a warm shower of damages claims (C-557/12)* In its Judgment in Kone, C-557/12, EU:C:2014:917, the Court of Justice of the European Union (CJEU) has followed the highly controversial proposal of AG Kokott (see my criticism (...)

Albert Sánchez Graells The EU General Court issues a convoluted decision regarding accumulation of claims and their degree of specificity in public procurement litigation (European Dynamics / ECB)

89

A new European Dynamics challenge rejected: let’s focus on admissibility of claims (T-553/11)* In its Judgment of 23 May 2014 in case T-553/11 European Dynamics Luxembourg v ECB, the General Court (GC) has ruled on yet another challenge filed by European Dynamics (ED) against procurement (...)

Albert Sánchez Graells The EU Court of Justice establishes that a horizontal in-house acquisition of goods fell within the scope of the procurement directive in force at the relevant time (Datenlotsen Informationssysteme)

95

Has Directive 2014/24 come too late for horizontal in-house provision? (C-15/13)* In its recent Judgment in case C-15/13 of 8 May 2014 Datenlotsen Informationssysteme, the CJEU has addressed a so-called ’horizontal’ in-house provision of goods and rejected the proposal of AG Mengozzi to exclude (...)

Albert Sánchez Graells The EU General Court rules that the context in which an administrative decision is adopted may reduce the burden of motivation imposed on an institution (ABN Amro Group)

94

GC hints at a reduction of the burden of motivation of administrative decisions under EU law (T-319/11)* In its Judgment of 8 April 2014 in case T-319/11 ABN Amro Group v Commission, the General Court has indicated that the context in which an administrative decision is adopted may reduce the (...)

Albert Sánchez Graells The EU Court of Justice follows its non-formalistic approach to the application of the market economy private investor test in relation to capital injection subject to repayment (ING Groep)

123

CJEU further pushes for a universal application of the ’market economy private investor test’ (C-224/12)* In its Judgment of 3 April 2014 in case C-224/12 Commission v Netherlands and ING Groep, the Court of Justice of the European Union (CJEU) has followed its antiformalistic approach to the (...)

Albert Sánchez Graells The EU Court of Justice refuses to apply the Charter of Fundamental Rights to a purely national situation (Cruciano Siragusa / Soprintendenza Beni Culturali e Ambientali di Palermo)

71

CJEU clearly indicates total lack of will to effectively become EU’s constitutional court (C-206/13)* In its Judgment of 6 March 2014 in case C-206/13 Siragusa, the Court of Justice of the EU has continued developing its case law on the lack of applicability / jurisdiction to interpret the (...)

Albert Sánchez Graells The European Parliament and the Council indite an area of application for the directive on the award of concession contracts meant to combine the scopes of the directive on public sector awards and the directive on the award of utilities contracts

58

Directive 2014/23 on concessions and the ’Frankenstein effect’* The more one analyses the content of Directive 2014/23 on concessions (the Concessions Directive), the more one realises that it is full of unnecessary complexities and that it is (unfortunately) a horrible example of the (...)

Albert Sánchez Graells The AG Kokott of the EU Court of Justice issues opinion on the scope of the civil cartel liability in favour of allowing an action for compensation for loss resulting from umbrella pricing (KONE)

286

A first reaction to AG Kokott’s KONE Opinion (C-557/12)* AG Kokott’s Opinion of 30 January 2014 in case C-557/12 KONE is generating significant debate (see the very interesting criticism in EUTopia) as it deals with a very complicated and controversial issue that could either spur or restrict (...)

Albert Sánchez Graells The AG Wathelet of the CJEU finds that the effectiveness of state aid rules would be significantly impaired if Member States could use protection of brand image as an economic rationality argument (SNCM)

76

"National brands" and State aid: AG Wathelet on investing in "State branding" (C-533 & 536/12)* In his Opinion of 15 January 2014 in joined cases C-533/12 P and C-536/12 P SNCM v Corsica Ferries France, Advocate General Wathelet has addressed an interesting (and creative) argument (...)

Albert Sánchez Graells The EU Court of Justice rules that a mechanism for offsetting in full the additional costs imposed on undertakings because of an obligation to purchase wind-generated electricity at a price higher than the market price is imputable to the state (Association Vent De Colère / Ministre de l’Écologie)

129

CJEU follows AG Jääskinen in revisiting PreussenElektra and minimising Doux Elevages’ requirements for State imputability of aid measures (C-262/12)* In its Judgment of 19 December 2013 in case C-262/12 Vent De Colère and Others, the Court of Justice of the EU has largely followed AG Jääskinen’s (...)

Albert Sánchez Graells The EU Court of Justice reinforces the Plaumann test and re-emphasizes the role attributed to the national courts within the framework of the preliminary ruling procedure to ensure judicial review of the legality of EU acts (Telefónica)

126

What’s left of the ’new limb’ of Art 263(4) TFEU after Inuit and Telefonica? (C-274/12 P)* In its Judgment of 19 December in case C-274/12 P Telefonica v Commission, the CJEU has continued to define (and minimise) the scope of Article 263(4) TFEU and, particularly, the ’new’ third limb introduced (...)

Albert Sánchez Graells The EU Court of Justice declares that a scheme of compulsory minimum tariffs for certification services addressed to tenderers in a public procurement procedure is not illegal per se under the EU competition and free movement rules (SOA Nazionale Costruttori)

96

CJEU rubber stamps Italian minimum tariffs for certification in public procurement, subject to proportionality (C-327/12)* In its Judgment of 12 December 2013 in case C-327/12 Soa Nazionale Costruttori, the Court of Justice of the EU has followed rather closely AG Cruz Villalon’s Opinion (...)

Albert Sánchez Graells The EU Court of Justice rules that the authorities of a Member State may rely on the provisions of a non-transposed directive against a body holding a public service concession (Portgás)

75

CJEU: vertical effect of Directives goes both ways (C-425/12)* The Judgment of the CJEU of 12 December 2013 in case C-425/12 Portgás may appear to be of interest only for public procurement aficionados (and, even then, only for hardcore ones), as it deals with the potential applicability of the (...)

Albert Sánchez Graells The EU Court of Justice rules on the interpretation of article 30(2) of Directive 2004/18 as regards the negotiation of technical elements between a contracting authority and the participants in a negotiated procedure (Nordecon / Rahandusministeerium)

82

CJEU on renegotiation of mandatory technical conditions in negotiated procedures: A good case? (C-561/12)* In its Judgment of 5 December 2013 in case C-561/12 Nordecon and Ramboll Eesti, the CJEU has ruled on the interpretation of Article 30(2) of Directive 2004/18 as regards the negotiation (...)

Albert Sánchez Graells The EU Court of Justice rules on the distribution of powers between the Council and the Commission in the area of state aid enforcement (Commission / Council)

69

CJEU strengthens Commission’s enforcement monopoly in State aid (C-111/10) and jeopardises its consistent enforcement with other EU policies (C-272/12)* In two recent Judgments of 4 December 2013 (C-111/10, Commission v Council) and 10 December 2013 (C-272/12, Commission v Ireland and Others), (...)

Albert Sánchez Graells The EU General Court rules on the boundaries of the duty to state reasons in decisions addressed to tenderers whose offers are rejected in public procurement procedures (UAB Gaumina / EIGE)

74

Of lost emails, the duty to state reasons and a dimming light in the horizon of eProcurement (T-424/12)* In its Judgment of 28 November 2013 in case T-424/12 UAB Gaumina v Institut européen pour l’égalité entre les hommes et les femmes (EIGE), the General Court has ruled once more on the (...)

Albert Sánchez Graells The EU Court of Justice rules on the procedural and substantial provisions applicable to an antitrust claim and establishes that court proceedings of an excessive duration were in violation of Article 47 of the Charter of Fundamental Rights of the EU (Groupe Gascogne)

135

It’s for the GC to decide, but it’s not ok: CJEU rules on ’excessive duration’ of competition law litigation (C-40/12 P)* In a batch of impatiently expected Judgments of 26 November 2012, the CJEU has ruled on the procedural and substantial rules applicable to a claim that (competition law) (...)

Albert Sánchez Graells The EU Court of Justice establishes that a concession not being capable of generating substantial net revenue can still be of economic interest to undertakings located in a different member state (Comune di Ancona / Regione Marche)

70

CJEU kicks new #concessions Directive in the shins (C-388/12)* In its Judgment of 14 November 2013 in case C-388/12 Comune di Ancona, the CJEU has put forward an argument for the existence of cross-border interest in the award of (public service) concession contracts that openly challenges the (...)

Albert Sánchez Graells The EU Court of Justice establishes that avoidance of litigation does not constitute an overriding reason of general interest that can be invoked in order to uphold a direct award of a concession contract (Belgacom)

61

CJEU rejects avoidance of litigation as a valid ’overriding reason in the public interest’ justifying a direct award of a concession contract (C-212/12)* In its Judgment of 14 November 2013 in case C-221/12 Belgacom, the CJEU has rejected that the avoidance of litigation can be considered a (...)

Albert Sánchez Graells The EU General Court finds that an authorisation agreement on the mining fees payable for the exploitation of hydrocarbon reserves does not constitute State aid incompatible with the internal market (MOL)

82

GC rules on two-part State aid measures and selectivity under Art 107(1) TFEU (T-499/10)* In its Judgment of 12 November 2013 in case T-499/10 MOL v Commission, the General Court has found that an authorisation agreement that froze the mining fees payable for the exploitation of hydrocarbon (...)

Albert Sánchez Graells The EU Court of Justice rules in favour of the appellant and allows the action for annulment against the Commission decision to reopen an inquiry on the alleged incompatibility of a state aid measure (Deutsche Post)

190

"Ne bis in idem" in State aid control? CJEU quashes Deutsche Post decision (C-77/12 P)* In its Judgment of 24 October 2013 in case C-77/12 P Deutsche Post v Commission, the Court of Justice of the EU quashed a Judgment of the General Court (T-421/07) and (indirectly) questioned a decision (...)

Albert Sánchez Graells The EU Court of Justice applies "private vendor" test and upholds Commission’s approach on the incompatibility of a state aid for the privatisation of an Austrian bank (GRAWE)

370

Maybe not such a global appraisal of State aid after all: CJEU backtracks from a truly economic approach (C-124/10)* In an interesting recent paper, Pablo Ibáñez Colomo conducts a very detailed statistical overview of State Aid Litigation before EU Courts (2004–2012) Journal of European (...)

Albert Sánchez Graells The EU General Court rules that a contracting authority must provide explanations about its reasons not to consider the winning offer as being abnormally low (European Dynamics / EMA)

56

3 more instalments in the Evropaïki Dynamiki saga: one successful appeal (T-638/11)* Today (15 October 2013), the General Court has issued three judgments that add to the ’Evropaïki Dynamiki saga’. In two of them (T-474/10 and T-457/10), the famous challenger of EU Institutions’ procurement (...)

Albert Sánchez Graells The EU Court of Justice rules that a general interdiction to rely on the capacities of more than one undertaking for the same qualification category imposed on tenderers is precluded by law (Mannocchi Luigino)

64

A jigsaw of qualifications or a procurement puzzle?: CJEU launches a depth charge against certification systems (C-94/12)* In its Judgment of 10 October 2013 in case C-94/12 Swm Costruzioni 2 and Mannocchi Luigino, the Court of Justice of the EU has followed the Opinion of AG Jääskinen (which I (...)

Albert Sánchez Graells The EU Court of Justice rules that the principle of equal treatment must be interpreted as not precluding a contracting authority from asking a candidate to provide additional information after the deadline (Manova)

55

CJEU flexibilises treatment of formally non-compliant bids in public procurement (C-336/12)* In its Judgment of 10 October 2013 in case C-336/12 Manova, the Court of Justice of the EU (CJEU) has followed its own approach in Slovensko and created some room for the flexible interpretation of (...)

Albert Sánchez Graells ECJ Advocate General Cruz Villalón deals in his opinion with the exceptions to the right of access to public documents implying that it cannot be excluded that the commercial interests of the leniency applicants may be damaged by disclosure (EnBW)

74

AG Cruz Villalon on access to leniency applications: A stringent test. Really? (C-365/12)* In his Opinion of 3 October 2013 in case C-365/12 EnBW Energie, Advocate General Cruz Villalon has proposed a holistic interpretation of the regulatory schemes relating to access to documents of the (...)

Albert Sánchez Graells The Spanish Competition Authority publishes a report on the application of its guide on public procurement and competition to public health care provision-related procurement in Spain

132

Spanish competition watchdog CNMC issues report on health care outsourcing procurement* The Spanish Competition Authority has recently published a report on the application of its Guide on Public Procurement and Competition to public health care provision-related procurement in Spain (only (...)

Albert Sánchez Graells The AG Villalón of the CJEU finds that a tariff calculation formula that automatically multiplies the rate payable for the certification activities according to the number of tenders is precluded by EU law (SOA Nazionale Costruttori)

75

AG Cruz Villalon opposes Italian minimum #tariffs for #public procurement #certification (C-327/12)* In his Opinion of 5 September 2013 in case C-327/12 Soa Nazionale Costruttori (not available in English), AG Cruz Villalon analyses the compatibility with EU free movement (ie freedom of (...)

Albert Sánchez Graells The AG Jääskinen of the CJEU postulates that the prohibition of reliance on the capacities of more than one auxiliary undertaking in order to fulfil the selection criteria is precluded by EU public procurement law (Mannocchi Luigino)

50

With a little help from my friends: A flexible and competition-oriented interpretation of rules on reliance on third party capabilities in public procurement (Opinion in C-94/12)* This is an extended version of the comment previously posted on Albert’s personal blog. According to the current (...)

Albert Sánchez Graells Advocate General Jääskinen of the ECJ puts forward that an absolute level of protection should be afforded by legislative means to the leniency applicants (Donau Chemie)

74

Why is #competition law so special? Or how #leniency will kill private #damages actions (AG C-536/11)* In his Opinion of 7 February 2013 in case C-536/11 Donau Chemie and Others, Advocate General Jääskinen has developed a line of reasoning that goes well beyond the issue at hand (whether access (...)

Albert Sánchez Graells The Spanish Administrative Tribunal of Contractual Appeals rules on the need to cancel the award and rerun a tender when faulty tender documents and their interpretation can give rise to discrimination (CESPA CONTEN v Valladolid Regional Logistics Unit of the Army)

119

On 22 January 2013, the Spanish Central Administrative Tribunal of Contractual Appeals (Tribunal Administrativo Central de Recursos Contractuales, SCATCA) issued its Decision 29/2013 regarding the award of a contract for the disposal of waste and hazardous substances generated by the regional (...)

Albert Sánchez Graells The EU Court of Justice reaffirms its dictum on in-house providing as an exception to the applicability of the EU public procurement directives (Econord / Varese)

78

In-house providing and (minimum) "effective" public control: Sunset or breaking dawn for purely public (commercial) service providers? (C‑182 and 183/11)* In its Judgment of 29 November 2012 in Joined Cases C‑182/11 and C‑183/11, Econord SpA v Comune di Cagno and Comune di Varese (C-182/11) and (...)

Albert Sánchez Graells The EU Court of Justice rules that the risk of anticompetitive collusion as a consequence of an excessive level of transparency in the debriefing of disappointed bidders must be taken into consideration by the Commission (Evropaïki Dynamiki)

47

Risk of anti-competitive collusion after excessive level of transparency in public procurement debriefing?* In its Judgment of 4 October 2012 in case C‑629/11 P Evropaïki Dynamiki v Commission (ESP-ISEP), the Court of Justice has issued another interesting decision on what should be considered (...)

Albert Sánchez Graells The Spanish Central Administrative Tribunal of Contractual Appeals grants public buyers wide discretion to exclude supplies of reused or refurbished goods (FREMAP)

136

On 30 March 2012, the Spanish Central Administrative Tribunal of Contractual Appeals (Tribunal Administrativo Central de Recursos Contractuales) issued its Decision 83/2012 regarding the award of a contract for the supply of IT consumables where the contracting authority had excluded the (...)

Albert Sánchez Graells The Spanish Central Administrative Tribunal of Contractual Appeals issues its first decision on treatment of confidential information in procurement debriefing (AIR-RAIL)

120

On 29 February 2012, the Spanish Central Administrative Tribunal of Contractual Appeals (Tribunal Administrativo Central de Recursos Contractuales, CATCA) issued its Decision 33/2012 regarding the treatment of confidential information and the protection of business secrets in tender debriefing (...)

Albert Sánchez Graells The Spanish Central Administrative Tribunal of Contractual Appeals determines that breach of labour law collective agreements does not prevent the award of public contracts (Monfragüe Archivo Logístico, Transporte y Servicios SLU c. Dirección Provincial de Madrid del Servicio Público de Empleo Estatal y Centro de Negocios OCÓN)

79

On 5 January 2012, the Spanish Central Administrative Tribunal of Contractual Appeals (Tribunal Administrativo Central de Recursos Contractuales) issued its Decision 08/2012 regarding the award of a services contract to a tenderer that had submitted an apparently anormally low tender. The (...)

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