The EU Court of Justice confirms that the absence of self-certification is a discretionary exclusion ground in public procurement sector (Impresa di Costruzioni Ing. E. Mantovani / RTI Mantovani e Guerrato)

ECJ confirms discretion to exclude tenderers for not updating self-certifications and points towards potential general obligation of sincere cooperation (C-178/16)* In its Judgment of 20 December 2017 in Impresa di Costruzioni Ing. E. Mantovani and RTI Mantovani e Guerrato, C-178/16, EU:C:2017:1000 (Mantovani e Guerrato), the Court of Justice (ECJ) declared the compatibility with the 2004 EU public procurement rules of a contracting authority's decision to exclude an economic operator that, having self-certified as not being affected by exclusion grounds, subsequently failed to update the contracting authority when one of its former directors' criminal conviction for invoice fraud became final. Remarkably, the exclusion was upheld despite the fact that the 'conviction had become

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Albert Sánchez Graells, The EU Court of Justice confirms that the absence of self-certification is a discretionary exclusion ground in public procurement sector (Impresa di Costruzioni Ing. E. Mantovani / RTI Mantovani e Guerrato), 20 December 2017, e-Competitions Bulletin December 2017, Art. N° 85794

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