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The EU General Court provides guidance on rejection of tenders if evaluation and award decisions are adopted through two-tier bodies (Kenup Foundation and others)

REJECTION OF TENDERS FOR EU RESEARCH FUNDING, ANY LESSONS FOR PROCUREMENT? (T-76/15)* In its Judgment of 18 January 2018 in Kenup Foundation and Others v EIT, T-76/15, EU:T:2018:9, the General Court of the Court of Justice of the EU (GC) assessed the compatibility with EU law of the rejection of a tender for funding under the Horizon 2020 framework programme for research and innovation. Some of the GC's analysis in this context can provide interesting insights for the rejection of tenders in procedures controlled by the EU public procurement rules, if evaluation and award decisions are adopted through two-tier bodies (eg a technical evaluation and an overall 'political' decision-making). This could be particularly relevant in the context of competitive dialogues or innovation

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Albert Sánchez Graells, The EU General Court provides guidance on rejection of tenders if evaluation and award decisions are adopted through two-tier bodies (Kenup Foundation and others), 18 January 2018, e-Competitions Bulletin January 2018, Art. N° 88497

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