The EU Court of Justice accepts the compatibility with EU procurement rules of domestic provisions which enable tenderers for public contracts to remedy any irregularities in their tenders (MA.T.I. SUD)

CJEU GREENLIGHTS ‘REMEDYING PROCEDURAL SHORT-COMINGS IN RETURN FOR (PROPORTIONATE) PAYMENT’ (C-523/16 & C-536/16)* In its Judgment of 28 February 2018 in MA.T.I. SUD, C-523/16, EU:C:2018:135, the Court of Justice of the European Union (CJEU) accepted the compatibility with EU public procurement law (2004 version) in principle of domestic rules allowing for the 'remedying of procedural shortcomings in return for payment', whereby a contracting authority can invite any tenderer whose tender is vitiated by serious irregularities to rectify that tender, subject to the payment of a financial penalty—provided that the amount of that penalty is proportionate. However, given previous case law excluding the possibility to remedy serious shortcomings in submitted tenders, the CJEU has

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Albert Sánchez Graells, The EU Court of Justice accepts the compatibility with EU procurement rules of domestic provisions which enable tenderers for public contracts to remedy any irregularities in their tenders (MA.T.I. SUD), 28 February 2018, e-Competitions Bulletin February 2018, Art. N° 88506

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