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New policy by the Authority in the field of public procurement



In light of the case-law of the Court of Justice of the European Union (hereafter “Court of Justice”) and the policy adopted by the European Commission in light of this case-law, the Authority has decided to change its policy on pursuing infringement proceedings in the field of public procurement.

Under the Authority's current policy in the field of public procurement, the Authority would, where it is of the view that the EEA rules on public procurement have been breached, invite the EFTA State concerned to recognise the breach and to express its commitment to refrain from such a breach in the future. Upon receipt of such recognition and commitment, the Authority would close the case.

However, the Court of Justice has held that the adverse effect arising from an infringement of the EU/EEA procurement rules subsists throughout the entire performance of the contract[1]. In light of this case-law and the infringement policy currently pursued by the Commission, the Authority in principle intends to pursue cases as long as the contract concerned continues to produce effects and the EFTA State concerned has not taken suitable corrective measures to rectify the breach.


For further information, please contact:


Mr. Steven Verhulst
Senior Officer
Internal Market Affairs Directorate
Tel. (+32)(0)2 286 18 58




[1] Joined Cases C-20/01 and C-28/01, Commission v Germany.

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