Although such claims were already a reality in the
Spanish legal system, the CJEU's judgement may encourage an
increase in this type of claims
Public procurement is fertile ground for legal disputes,
particularly when it comes to the exclusion of bidders in tender
procedures. A recent case illustrates the interpretation of
Directive 89/665/EEC on the coordination of the laws, regulations
and administrative provisions relating to the application of review
procedures to the award of public supply and public works
contracts, which could have repercussions for future tenders in the
European Union.
In 2013, the Slovak Football Association decided to exclude a
consortium, which included the company INGSTEEL, from a tender
procedure for the remodelling and construction of sixteen football
stadiums. The exclusion was based on the alleged lack of economic
and financial capacity of the consortium, requirements set out in
the tender notice. However, this decision was later
