The Duty of Diligence of a Tenderer in EU Public Procurement Law

Abstract

The article analyses the duty of diligence of a tenderer under EU public procurement law. Hitherto, the subject has not been examined in the academic literature, with such exceptions as a brief introduction to the topic in a 2009 presentation by M.A. Simovart. Therefore, the article focuses primarily on a certain duty of diligence of tenderers that has been recognised by the CJEU as an independent legal requirement under the EU’s public procurement law. Emphasis is placed on elucidating which types of obligations the duty of diligence imposes on a tenderer, which requirements a diligent tenderer shall not be subjected to, and the situations in which obligations may occasionally arise under specific circumstances – such as those in light of the tenderer’s right to review.