Commission v Netherlands (C-368/10): Environmental and fair trade considerations in the context of a contract award procedure

The case of Commission v Netherlands (Case C-368/10) deals with an action before the Court of Justice of the European Union by the European Commission against the Netherlands for breach of obligations under Directive 2004/18 on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts (Consolidated Public Sector Directive).

The case is of interest as it clarifies (further) in what way and to what extent it is possible to use environmental and fair trade considerations, including labels, which denote compliance with certain minimum standards in this regard, in the award of regulated contracts. More generally, the case confirms that compliance with the principles of equality of treatment, non-discrimination and transparency involves an obligation for clarity and precision.

This article is part of the multi-jurisdictional guide to public procurement. For a full list of jurisdictional Q&As visit www.practicallaw.com/publicprocurement-mjg.