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EC sends formal request to the Netherlands concerning coffee contracts

Wednesday November 11th, 2009

The European Commission has decided to send a formal request to the Netherlands concerning the award of a public contract for the supply and management of coffee machines by the Province of Noord-Holland. The Commission has identified that the tender procedure used by the Province of Noord-Holland did not meet the requirements of EU public procurement rules, thereby restricting competition.

In particular, Noord-Holland did not follow the provisions in Public Procurement Directive 2004/18/EC technical specifications, selection criteria and award criteria. The Commission is of the opinion that in view of these violations, the Netherlands has failed to fulfil its obligations under the EU public procurement rules.

This formal request takes the form of a Reasoned Opinion, the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice.

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