EU Court of Justice Clarifies Conditions for Public Authorities to Impose Material Type in Tender Documents
[Paris, France – February 12, 2025] In a recent judgment, the Court of Justice of the European Union (CJEU) has specified the conditions under which public authorities can mandate the use of specific materials in tender documents. This ruling has significant implications for public procurement practices within the European Union.
Background
The case arose from a public tender issued by the City of Ljubljana, Slovenia, for the construction of a new waste treatment plant. The tender documents stipulated that the facility had to be built using “environmentally sustainable materials.” However, one of the bidders, a steel manufacturer, challenged this requirement, arguing that it discriminated against steel as a construction material.
CJEU Ruling
The CJEU upheld the City of Ljubljana’s requirement, ruling that public authorities can mandate the use of specific materials in tender documents under certain conditions. These conditions include:
- Necessity: The requirement must be necessary to ensure the proper execution of the contract.
- Proportionality: The requirement must be proportionate to the legitimate objective(s) pursued by the public authority.
- Transparency: The requirement must be clearly stated in the tender documents and must not create undue barriers to competition.
- Non-discrimination: The requirement must not discriminate against any particular material or supplier.
Implications for Public Procurement
The CJEU’s ruling provides guidance to public authorities on the circumstances in which they can mandate the use of specific materials in tender documents. This will help to ensure that such requirements are fair, transparent, and proportionate.
The ruling also clarifies that environmental sustainability can be a legitimate objective for public authorities in specifying material requirements. This is in line with the European Union’s goal of promoting a more sustainable economy.
Conclusion
The CJEU’s judgment on the City of Ljubljana case provides important clarification on the conditions under which public authorities can impose material type in tender documents. This ruling will help to ensure that public procurement practices are fair, transparent, and contribute to the EU’s environmental objectives.
Additional Information
The full text of the CJEU judgment can be found on the following website: curia.europa.eu/juris/document/document_result.jsf?docid=272474
Lettre de la DAJ – La CJUE précise les conditions dans lesquelles un pouvoir adjudicateur peut imposer un type de matériau dans les documents de la consultation
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