Legislator Case Law & Legislation
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.

Case Number ECLI:NL:RBUTR:2012:BY5442
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Articles 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 generated
Articles 6:162 and 6:164 of the Civil Code
artikel 6:119 BW
AI generated

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