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Going Solo: ECJ Rules That A Consortium Member Can Go It Alone Without Breaching Procurement Rules

Going Solo: ECJ Rules That A Consortium Member Can Go It Alone Without Breaching Procurement Rules

On 24 May 2016, following a request by the Public Procurement Complaints Board, Denmark, for a preliminary ruling, the European Court of Justice (ECJ) ruled that the principle of equal treatment did not prohibit a contracting authority from permitting one member of a consortium to replace the consortium during the course of a procurement exercise, and to take part in its own name, provided that: (1) the member in question itself met the requirements laid down by the contracting authority; and (2) its participation did not put the other participants at a competitive disadvantage. 

To find out more, download our briefing note here.

An invitation to our seminar on 21 June in Glasgow

If you are interested in hearing about this and other developments in the Scottish procurement landscape, please come along to our lunchtime seminar on 21 June in Glasgow, at which you will receive a copy – hot off the press - of Burness Paull’s new Procurement Manual! You can register for the event here.

Ruth McNaught
Associate

Burness admin