Opinion of the Advocate General — ECLI:EU:C:1999:170
Date: 1999-03-25
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Approximation of laws;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment 
1. Approximation of laws — Procedures for the award of public works contracts — 
Directive 93/37— Award of contracts — Whether it is compulsory to award the 
contract to the sole tenderer considered suitable — No such obligation 
(Council Directive 93/37, Art. 18(1)) 
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SUMMARY — CASE C-27/98 
2. Approximation of laws — Procedures for the award of public works contracts — 
Directive 93/37 — Article 18(1) — Direct effect 
(Council Directive 93/37, Art. 18(1)) 
1. Article 18(1) of Directive 93/37 con­
cerning the coordination of procedures 
for the award of public works con­
tracts, as amended by Directive 97/52, 
must be interpreted as meaning that the 
contracting authority is not required to 
award the contract to the only tenderer 
judged to be suitable. 
In the first place, Directive 93/37 
contains no provision expressly requir­
ing a contracting authority which has 
put out an invitation to tender to 
award the contract to the sole tenderer; 
secondly, the contracting authority is 
not required to complete a procedure 
for the award of a public works 
contract. 
2. Since no specific implementing mea­
sure is necessary for compliance with 
the requirements listed in Article 18(1) 
of Directive 93/37 concerning the coor­
dination of procedures for the award of 
public works contracts, as amended by 
Directive 97/52, the resulting obliga­
tions for the Member States are uncon­
ditional and sufficiently precise. 
Accordingly, that provision can be 
relied on by an individual before the 
national courts. 
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