Order — ECLI:EU:C:2003:560
Date: 2003-10-16
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Concepts: Public works, supply and services contracts
Procedure: Reference for a preliminary ruling
Origin: Finland

Summary of the Order 
Approximation of laws — Procedures for the award of public supply contracts — 
Directive 93/36 — Withdrawal of the invitation to tender — Condition — Compliance 
with the fundamental rules of Community law on public contracts 
(Council Directives 92/50, 93/36 and 93/37) 
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SUMMARY — CASE C-244/02 
Directive 93/36 coordinating procedures 
for the award of public supply contracts 
must be interpreted, in accordance with the 
Court's case-law with respect to Directives 
92/50 and 93/37, as meaning that a con­
tracting authority which has commenced a 
procedure for the award of a contract on 
the basis of the lowest price may discon­
tinue the procedure, without awarding a 
contract, when it discovers after examining 
and comparing the tenders that, because of 
errors committed by itself in its preliminary 
assessment, the content of the invitation to 
tender makes it impossible for it to accept 
the most economically advantageous 
tender, provided that, when it adopts such 
a decision, it complies with the fundamen­
tal rules of Community law on public 
procurement such as the principle of equal 
treatment. 
(see para 36, operative part) 
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