Court Upholds Rejection of Polish Bid for Non-Compliance

By Paul Emanuelli

In its May 2017 decision in Archus and Gama v. Polskie Górnictwo Naftowe i Gazownictwo S.A., the European Court of Justice ruled that a state-controlled Polish oil and gas company properly rejected a bid due to technical non-compliance. The case dealt with an Invitation to Tender for digitizing archival documents. The complainant challenged the process after its bid was rejected for failing to provide required work samples. However, in upholding the bid rejection, the court ruled that the principle of equal treatment of bidders under the European procurement directive precluded the acceptance of non-compliant bids, post-bid corrections or post-bid negotiations.