Participation of Temporary Associations in Public Procurement Award Procedures in European and Romanian Law. Implications of the CJEU Judgment of 13.03.2025 Pronounced in Case C-266/22
Participation of Temporary Associations in Public Procurement Award Procedures in European and Romanian Law. Implications of the CJEU Judgment of 13.03.2025 Pronounced in Case C-266/22

Author(s): Marlena Boancă-Ivan
Subject(s): Law on Economics, EU-Legislation, Court case, Administrative Law
Published by: ADJURIS – International Academic Publisher
Keywords: public procurement; public contract; economic operator; temporary association;
Summary/Abstract: From a theoretical and applied perspective, it is relevant not only to regulate the issue of the participation of temporary associations in the procedures for awarding public procurement contracts at the legislative level and the evolution of these regulations, but also to reflect and analyze the concept of economic operator, including temporary associations in the case law of the CJEU, as well as in Romanian administrative and judicial practice. We note, by referring to the case law of the CJEU, that the national legislator cannot adopt, in the absence of an authorisation in this regard from the EU, legislative acts by which it excludes temporary associations from participation in the procedures for the award of public procurement contracts carried out on the territory of the respective Member State in the event that one of the members of the association is based in a third country that has not concluded an agreement on free access to the public procurement market with the EU. However, contracting authorities, as they do not infringe the EU's exclusive competence in matters of common commercial policy, could provide for such an exclusion in the tender documentation.

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