The Administrative Court of Appeal of Jönköping orders that the award procedure shall be recommenced for violation of the transparency principle (PWC v Västervik, KPMG v Västervik)

I. Introduction The tender documentation of the award procedure concerned with a procurement contract of audit services by Västervik municipal authorities comprised erroneous information. The error consisted in disregarding the provisions of the Swedish constitutional law, namely the article 12(4) IG and its requisite that the delegation of administrative assignments involving exercise of public authority can only be done in accordance with law. This error has led to an order to recommence the award procedure and the finding that the false information implies a breach of the transparency principle. II. Legal framework The award of public contracts by or on behalf of Member States authorities has to comply with the principles deriving from the Treaties, such as equal treatment,

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  • Mircea & Partners (Bucharest)

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Emanuela Matei, The Administrative Court of Appeal of Jönköping orders that the award procedure shall be recommenced for violation of the transparency principle (PWC v Västervik, KPMG v Västervik), 20 September 2012, e-Competitions Bulletin Commitment Decisions, Art. N° 49223

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