Monitoring of public procurement in ACP states

Available languages: bg.es.cs.da.de.et.el.en.fr.ga.it.lv.lt.hu.mt.nl.pl.pt.ro.sk.sl.fi.sv
  • Case: 2400/2006/JF
    Opened on 20 Oct 2006 - Decision on 13 Jan 2009
  • Institution(s) concerned: European Commission
  • Field(s) of law: General, financial and institutional matters,Right of establishment and freedom to provide services
  • Types of maladministration alleged – (i) breach of, or (ii) breach of duties relating to: Lawfulness (incorrect application of substantive and/or procedural rules) [Article 4 ECGAB],Absence of abuse of power [Article 7 ECGAB],Requests for public access to documents [Article 23 ECGAB]
  • Subject matter(s): Award of tenders or grants

Summary of decision on complaint 2400/2006/JF (confidential) against the European Commission

The complainant represented a consultancy firm based in  country Y  which participated in an international tender for a road improvement project in  country X, financed by the ninth European Development Fund (the 'EDF'). The firm was not selected. After unsuccessfully challenging the results of the tender with the contracting authority (the 'CA') of country X and the Delegation of the European Commission to  country X (the 'Delegation'), the complainant turned to the European Ombudsman.

The complainant alleged that the Delegation gave instructions to the CA that one of the lots in the tender procedure should not be awarded to him. He claimed compensation amounting to EUR 878 300.

The Ombudsman's inquiries did not produce any evidence relating to the alleged instructions. The complainant's claim could therefore not be sustained. However, the Ombudsman made a critical remark to the Commission to the effect that the Delegation's passive approach to the CA's acceptance of the replacement of successful tenderers' staff did not take sufficient account of its obligation to monitor the overall procedure and its commitment to ensure proper regard for the principles of transparency and equal opportunities.

In addition, the Ombudsman made a further remark to the Commission that its Delegations could, for complaints made in accordance with the applicable rules, ensure that they do all they can to facilitate amicable solutions between tenderers and CAs.