CJEU judgments in cases C-652/22 and C-266/22 – Incentive for excluding third countries’tenders from the award procedures?

A thorny issue that has long affected the EU public procurement market is the fact that economic operators tendering goods, services and works from the EU (“EU Tenders”) are, most of the time, at a disadvantage compared to economic operators from third countries or tendering goods, services and works originating from third countries with which the European Union has not concluded any agreement on public procurement (“Third-country Tenders”), due to the fact that contracting authorities allow the latter to participate in award procedures without any restrictions.
 
In practice, we often see Third-country Tenders, with much lower prices than EU Tenders, being awarded EU procedures, and this mainly due to the fact that operators, goods, services and works from third countries are not always subject to an obligation to comply with environmental, social or labour standards similar or equivalent to those applicable at EU level. Similarly, third-country bidders are not subject to strict State aid rules similar to those applicable in the EU.
 
All these aspects have given rise to major imbalances in the EU public procurement market and to the need to take combative measures to ensure fair competition between EU Tenders and Third-country Tenders

Read here the full article : CJEU JUDGMENTS IN THE CASES KOLIN INŞAAT TURIZM SANAYI VE TICARET AND CRRC QINGDAO SIFANG AND OTHERS – INCENTIVE FOR EXCLUDING THIRD COUNTRIES’ TENDERS FROM THE AWARD PROCEDURES? | Gruia Dufaut Law Office