| | 32004L0018: c3-47.1.a-bBanks, insurance, balance sheets    
| 32004L0018 - Classic (3rd generation) | Article 47.1.a-b | Article 47
Economic and financial standing
1. Proof of the economic operator's economic and financial standing may, as a general rule, be furnished by one or more of the following references:
(a) appropriate statements from banks or, where appropriate, evidence of relevant professional risk indemnity insurance;
(b) the presentation of balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic operator is established; | | 31993L0037 - Works (2nd generation) | Article 26.1.a-b | Article 26
1. Evidence of the contractor's financial and economic standing may, as a general rule, be furnished by one or more of the following references:
(a) appropriate statements from bankers;
(b) the presentation of the firm's balance sheets or extracts from the balance sheets, where publication of the balance sheet is required under the law of the country in which the contractor is established; | | 31993L0036 - Goods (2nd generation) | Article 22.1.a-b | Article 22
1. Evidence of the supplier's financial and economic standing may, as a general rule, be furnished by one or more of the following references:
(a) appropriate statements from bankers;
(b) the presentation of the supplier's balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the supplier is established; | | 31992L0050 - Services (2nd generation) | Article 31.1.a-b | Article 31
1. Proof of the service provider's financial and economic standing may, as a general rule, be furnished by one or more of the following references:
(a) appropriate statements from banks or evidence of relevant professional risk indemnity insurance;
(b) the presentation of the service provider's balance sheets or extracts therefrom, where publication of the balance sheets is required under company law in the country in which the service provider is established; | | 31971L0305 - Works (1st generation) | Article 25.1.a-b | Article 25
Proof of the contractor's financial and economic standing may, as a general rule, be furnished by one or more of the following references
(a) appropriate statements from bankers;
(b) the presentation of the firm's balance sheets or extracts from the balance sheets, where publication of the balance sheet is required under company law in the country in which the contractor is established; | | 31977L0062 - Goods (1st generation) | Article 22.1.a-b | Article 22
1. Proof of the supplier's financial and economic standing may, as a general rule, be furnished by one or more of the following references:
(a) appropriate statements from bankers;
(b) submission of the undertaking's balance-sheets or extracts therefrom; |
| 32002R2342 - Implementation of Community (4th generation) - Commission M4 | Article 136.1.a-b | 1. Proof of economic and financial capacity may be furnished by one or more of the following documents:
(a) appropriate statements from banks or evidence of professional risk indemnity insurance;
(b) the presentation of balance sheets or extracts from balance sheets for at least the last two years for which accounts have been closed, where publication of the balance sheet is required under the company law of the country in which the economic operator is established; | | 32005R1261 - First amendment of implementation of Community (4th generation) - Commission M4A1 | Article 1.19.a=M4-136.1.s1 | (a) in paragraph 1, the introductory phrase is replaced by the following:
Proof of economic and financial capacity may in particular be furnished by one or more of the following documents: |
| Case | Pte | Ref | Text | T-59/05
Evropaiki Dynamiki | 48-51 | Q4-89
Q4-97.1
M4-135
M4-136
M4-137
M4-138
| 48 Article 97(1) of the Financial Regulation imposes on the contracting authority the obligation to define and set out in advance in the call for tenders both the selection criteria and the award criteria. Furthermore, that obligation, which involves ensuring that the criteria and conditions governing each contract are sufficiently advertised, is defined further in Articles 135 to 137 of the Implementing Rules, in respect of selection criteria, and in Article 138 of the Implementing Rules, in respect of award criteria.
49 Those provisions are intended to ensure respect for the principles of equal treatment and transparency, enshrined in Article 89 of the Financial Regulation, at all stages of the procedure for the award of public contracts, in particular the stage of selection of the tenderers and that of selection of tenders for the award of the contract (see, to that effect and by analogy, Case 31/87 Beentjes [1988] ECR 4635, paragraphs 21 and 22, and Case C-470/99 Universale -Bau and Others[2002] ECR I-11617, paragraphs 90 to 92).
50 The purpose of those provisions is none other than to allow all reasonably well informed and normally diligent tenderers to interpret both the selection criteria and the award criteria in the same way (see, to that effect and by analogy, Case C-19/00 SIAC Construction [2001] ECR I-7725, paragraph 42) and consequently, to have equality of opportunity in formulating the terms of their applications to participate or of their tenders (see, to that effect, as regards the stage of selecting candidates, Universale -Bau and Others, cited in paragraph 49 above, paragraph 93, and, as regards the stage of comparing tenders, Case C-87/94 Commission v Belgium [1996] ECR I-2043, paragraph 54).
51 Moreover, while it cannot be excluded that the operation of checking the suitability of contractors to provide the services which are the subject of the public contract to be awarded (selection of tenderers) and that of awarding the contract (selection of tenders) may take place simultaneously, it remains the case that those two operations are governed by different rules (see, by analogy, Beentjes, cited in paragraph 49 above, paragraphs 15 and 16, and Case C-315/01 GAT [2003] ECR I-6351, paragraphs 59 and 60). | C-71/92
Spain | 41 | W1-25.1.a-b
W1-25.1.c | With regard to the complaint as thus clarified, it should be pointed out that in its judgment in Case 76/81 Transporoute v Minister of Public Works ([1982] ECR 417, paragraph 9) the Court has already stated that Directive 71/305 does not authorize the Member States to seek references other than those expressly mentioned in the directive except for the purpose of assessing the financial and economic standing of the contractors as provided for in Article 25 thereof. That finding applies by analogy to Directive 77/62, the relevant rules of which correspond in substance to those of Directive 71/305. | 27/86
CEI | 8-10 | W1-na [3.2]
W1-25.1.a-b
W1-25.1.c | 8 The first paragraph of article 25 of the directive provides that proof of the contractor’s economic and financial standing may, as a general rule, be furnished by one or more of the references mentioned therein. Under the second paragraph, the authorities awarding contracts are required to specify in the notice or in the invitation to tender which references they have chosen from among those mentioned in the previous paragraph "and what references other than those mentioned under (a), (b) or (c) are to be produced ".
9 It can be seen from the very wording of that article and, in particular, the second paragraph thereof, that the list of references mentioned therein is not exhaustive.
10 The reply to the national court must therefore be that the references enabling a contractor' s financial and economic standing to be determined are not exhaustively enumerated in article 25 of directive 71/305/eec. | 27/86
CEI | 11-18 | W1-25 | 11 With regard to the national court’s second question in case 27/86, it should be noted that the total value of the works awarded to a contractor at a particular moment may be a useful factor in determining, in a specific instance, the financial and economic standing of a contractor in relation to his obligations. Since the references are not exhaustively enumerated in article 25 of the directive, there is therefore no reason why such information should not be required of tenderers by way of a reference within the meaning of that article.
12 However, in the light of the grounds of the order for reference, the content of the Belgian legislation mentioned therein and the arguments before this court, the national court’s question must be understood as also seeking to ascertain whether a national rule fixing the maximum value of works which may be carried out at one time is compatible with the directive.
13 In that regard, it should be noted that the fixing of such a limit is neither authorized nor prohibited by article 25 of the directive, because the purpose of that provision is not to delimit the power of the member states to fix the level of financial and economic standing required in order to take part in procedures for the award of public works contracts but to determine the references or evidence which may be furnished in order to establish the contractor' s financial and economic standing.
14 In order to rule on the compatibility of such a limit with the directive as a whole, the purpose and object of the directive must be borne in mind. The purpose of directive 71/305 is to ensure that the realization within the community of freedom of establishment and freedom to provide services in regard to public works contracts involves, in addition to the elimination of restrictions, the coordination of national procedures for the award of public works contracts. Such coordination "should take into account as far as possible the procedures and administrative practices in force in each member state" (second recital in the preamble to the directive). Article 2 expressly provides that the authorities awarding contracts are to apply their national procedures adapted to the provisions of the directive.
15 The directive therefore does not lay down a uniform and exhaustive body of community rules. Within the framework of the common rules which it contains, the member states remain free to maintain or adopt substantive and procedural rules in regard to public works contracts on condition that they comply with all the relevant provisions of community law and, in particular, the prohibitions flowing from the principles laid down in the treaty in regard to the right of establishment and the freedom to provide services.
16 The fixing in a member state of a maximum value for works which may be carried out at one time is not contrary to the said principles and there is nothing to suggest that it has the effect of restricting access by contractors in the community to public works contracts.
17 In those circumstances, it must be held that as community law now stands, there is no reason why the member states, in the context of their powers in regard to public works contracts, should not fix a maximum value for works which may be carried out at one time.
18 The reply to the national court should therefore be that a statement of the total value of the works awarded to a contractor may be required from tenderers as a reference within the meaning of article 25 of directive 71/305 and that neither that article nor any other provision of the directive precludes a member state from fixing the value of the works which may be carried out at one time. | 274/83
Italy | 29 | W1-17.d
W1-20
W1-22
W1-25.1.a-b
W1-25.1.c
W1-26.1.a-b
W1-26.1.c-e | The fifth paragraph of article 10 of law no 741, to the extent to which it suspends until 31 December 1983 articles 17 and 18 of law no 584 of 8 august 1977, which implement articles 25 and 26 of the directive, is in the commission's opinion incompatible not only with the provisions listing the references which the authority awarding the contract may require in order to assess the contractor's financial and economic standing and technical knowledge and ability, but also with articles 17 (d), 20, 22 and 27 of the directive, according to which the suitability of contractors is to be checked in accordance with the criteria of economic and financial standing and technical knowledge and ability referred to in articles 25, 26 and 27 of the directive. | 76/81
Transporoute | 9 | W1-25.1.a-b
W1-25.1.c
W1-27 | Thus article 27 states that the authority awarding contracts may invite the contractor to supplement the certificates and documents submitted only within the limits of articles 23 to 26 of the directive, according to which member states may request references other than those expressly mentioned in the directive only for the purpose of assessing the financial and economic standing of the contractors as provided for in article 25 of the directive. | 10/76
Italy | 8 | W1-20.1
W1-24.s1
W1-25.1.a-b
W1-25.1.c
W1-26.1.a-b
W1-26.1.c-e | Finally, articles 20, 24, 25 and 26 of the directive lay down the criteria for qualitative selection which allow certain undertakings to be excluded from participation in the contracts, while the Italian law contains no provision to this effect and retains the wide discretion conferred on authorities awarding contracts by article 89 of the royal decree of 23 may 1924. |
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