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By Edwin A Notley

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Additional resources for A Comparative Grammar of the French, Italian, Spanish and Portuguese Languages

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A. Bellini & Co. A. v. Belgian State, [1987] ECR 3347. 46 Efficiencies which might result through production or distribution innovations are bound to have a short-term effect on the market for two reasons: if the market is bound to clear with reference to the lowest price, there would be a point where the quality of deliverables is compromised (assuming a product or service remains standardized). Secondly, the viability of industries which tend to compete primarily on cost basis is questionable.

Public procurement and the single market 29 The public procurement legal framework can also accommodate contract compliance through its award criteria and in particular the most economically advantageous offer. The most economically advantageous offer as an award criterion has provided the Court with the opportunity to balance the economic considerations of public procurement with policy choices. Although in numerous instances the Court has maintained the importance of the economic approach57 to the regulation of public sector contracts, it has also recognized the relative discretion of contracting authorities to utilize non-economic considerations as part of the award criteria.

It is not clear whether the 28 EU public procurement law choice of the two above-mentioned award criteria has been intentional with a view to providing contracting authorities a margin of discretion to take into account social policy objectives when awarding their public contracts, or if it merely reflects an element of flexibility which is considered necessary in modern purchasing transactions. If the most economically advantageous offer represents elements relating to quality of public purchasing other than price, an argument arises here supporting the fact that the enhancement of the socioeconomic fabric is a ‘qualitative’ element which can fall into the framework of the above criterion.

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A Comparative Grammar of the French, Italian, Spanish and Portuguese Languages by Edwin A Notley


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