ECLI:NL:RBUTR:2012:BY5442
ECLI:NL:RBUTR:2012:BY5442
AI generated
Court dismisses claims for public procurement status and preliminary reference due to lack of procedural interest.
Legislator summary
AI generatedThe court dismissed the plaintiff's requests to declare the defendant a public tenderer and to refer questions to the European Court of Justice. The plaintiff failed to demonstrate that the defendant had awarded a contract during the relevant period, which is necessary to establish a legitimate interest in the ruling. Consequently, the court found no basis for the preliminary reference request and ordered the plaintiff to bear the litigation costs.
Legislator headnote
AI generatedArticles 6:162 and 6:164 of the Civil Code; The court lacks jurisdiction to rule on the status of a public tenderer without a demonstrated procedural interest, and preliminary references are inadmissible when domestic law provides sufficient grounds for the case's assessment.
Keywords
AI generated
public procurement status
procedural interest
preliminary reference
tenderer designation
litigation costs
civil procedure
contract award
Cited Legislation
AI generatedArticles 6:162 and 6:164 of the Civil Code
artikel 6:119 BW
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