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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)

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 sufficient debriefing of disappointed bidders in public procurement procedures. The Evropaïki Dynamiki (ESP-ISEP) Judgment has been issued on the basis of Article 100(2) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1) (‘the Financial Regulation’). However, a ‘twin’ provision can be found in Article 41 of Directive 2004/18/EC of the European Parliament and of the Council of

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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), 4 October 2012, e-Competitions Bulletin October 2012, Art. N° 58760

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