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)

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 boundaries of the duty to state reasons in decisions addressed to tenderers whose offers are rejected in public procurement procedures. In my view, despite not advancing the law, this case is relevant because it deals with a fact that is bound to gain relevance as eProcurement (and the use of electronic means of communication in procurement) advances: emails may get lost (sometimes). In the case at hand, the contracting authority claims to have sent a disappointed tenderer an email detailing the reasons

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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), 28 November 2013, e-Competitions Bulletin November 2013, Art. N° 61027

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