CELEX: 62015CA0006
Language: en
Date: 2016-07-14 00:00:00
Title: Case C-6/15: Judgment of the Court (Fourth Chamber) of 14 July 2016 (request for a preliminary ruling from the Raad van State — Belgium) — TNS Dimarso NV v Vlaams Gewest (Reference for a preliminary ruling — Public supply contracts — Directive 2004/18/EC — Article 53(2) — Award criteria — Most economically advantageous tender — Method of evaluation — Weighting rules — Obligation for the contracting authority to specify in the call for tenders the weighting of the award criteria — Scope of the obligation)

12.9.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 335/9
            
         Judgment of the Court (Fourth Chamber) of 14 July 2016 (request for a preliminary ruling from the Raad van State — Belgium) — TNS Dimarso NV v Vlaams Gewest
   (Case C-6/15) (1)
   
   ((Reference for a preliminary ruling - Public supply contracts - Directive 2004/18/EC - Article 53(2) - Award criteria - Most economically advantageous tender - Method of evaluation - Weighting rules - Obligation for the contracting authority to specify in the call for tenders the weighting of the award criteria - Scope of the obligation))
   (2016/C 335/11)
   Language of the case: Dutch
   
      Referring court
   
   Raad van State
   
      Parties to the main proceedings
   
   
      Applicant: TNS Dimarso NV
   
      Defendant: Vlaams Gewest
   
      Operative part of the judgment
   
   Article 53(2) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, read in the light of the principle of equal treatment and of the consequent obligation of transparency, must be interpreted as meaning that, in the case of a public service contract to be awarded pursuant to the criterion of the most economically advantageous tender in the opinion of the contracting authority, that authority is not required to bring to the attention of potential tenderers, in the contract notice or the tender specifications relating to the contract at issue, the method of evaluation used by the contracting authority in order to specifically evaluate and rank the tenders. However, that method may not have the effect of altering the award criteria and their relative weighting.
   
      (1)  OJ C 118, 13.4.2015.