Cyprus issues first preliminary ruling request to ECJ on public procurement

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Cyprus issues first preliminary ruling request to ECJ on public procurement
Friday, July 10, 2009

In November 2008, the Supreme Court of Cyprus on its first instance jurisdiction has resolved to issue its first preliminary ruling request to the ECJ, which involves matters on public procurement law.

In particular, the question reffered to the ECJ relates to the interpretation of Art 2(8) of Directive 89/665/EC and whether such provision shall be read as recognising to authorities responsible for the tender award to challenge in Court the decision of the Tender Review Authority, i.e. an administrative (non judicial) organ which is superior in hierarchy from the award authority.

Article 2(8) of Directive 89/665/EC provides that "where bodies responsible for review procedures are not judicial in character, [...] provision must be made to guarantee procedures whereby any allegedly illegal measure taken by the review body or any alleged defect in the exercise of the powers conferred on it can be the subject of judicial review or review by another body which is a court or tribunal within the meaning of Article 177 of the EEC Treaty and independent of both the contracting authority and the review body.

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