Diritto ed Economia dell'ImpresaISSN 2499-3158
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15/11/2022 - Public bus tender: who offer non-approved spare parts can only provide proof of equivalence if they are the manufacturer

argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: Tender - non-approved goods - equivalence

On 27 October 2022, the E.U. Court of Justice with the sentence rendered in the joint cases C-68/21 and C-84/21 affirmed that E.U. law prevents a contracting authority from accepting, as proof of equivalence to the originals of a certain trademark required by the technical specifications, a declaration coming from a bidder who is not also the “manufacturer”, the only entity authorized to issue the declaration of equivalence to the original trademark of the components offered in the tender. Therefore, the award is not possible if the national legislation requires the presentation of the type-approval certificate on the basis of the interpretation of Directive 2007/46, which dictates the rules for the approval of motor vehicles and Directive 2014/25, which requires all tenderer to provide the technical specifications with which the tenderers demonstrate compliance with these specifications