Switzerland: Main Developments between October 2018 and April 2020

According to the Swiss Federal Supreme Court, this is assessed according to whether there is a competitive situation in functioning markets. The court stated that tenderers who do not fulfil the selection criteria are excluded from the tendering procedure. [...]the awarding authority needs to make c...

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Bibliographic Details
Published in:European procurement & public private partnership law review 2020, Vol.15 (2), p.184-187
Main Authors: Hettich, Peter, Lenherr-Segmüller, Daria
Format: Article
Language:English
Subjects:
Airports
Country Reports
Dairy industry
Public interest
Public private partnerships
Online Access:Get full text
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Summary:According to the Swiss Federal Supreme Court, this is assessed according to whether there is a competitive situation in functioning markets. The court stated that tenderers who do not fulfil the selection criteria are excluded from the tendering procedure. [...]the awarding authority needs to make clear if it is sufficient that the tenderers need to meet certain criteria only at the time of performance of the contract. Based on reasoning referring to domestic common market law, such a criterion could infringe the right to non-discriminatory access to cantonal and municipal procurement markets, when it needs to be fulfilled at the time of the award decision. [...]the criterion needs only be fulfilled at the time of performance.12 3. [...]the subject matter of the dispute fell outside the scope of public procurement law.13 4.
ISSN:2194-7376
2194-7384
DOI:10.21552/epppl/2020/2/12