La simple communication des notes obtenues pour chaque critère ne vaut pas motivation !

The simple communication of the scores obtained for each criterion is not worth motivation!

by gmorales on October 20th, 2011 | Category: Public markets
La simple communication des notes obtenues pour chaque critère ne vaut pas motivation ! La simple communication des notes obtenues pour chaque critère ne vaut pas motivation !

TPI 20 October 2011, Alfastar Benelux v. Council of the European Union

Rule n ° 1:

The mere communication of the marks obtained for each criterion and sub-criterion is not sufficient to enable the unsuccessful candidate to determine the concrete reasons which led the contracting authority to estimate, within its wide discretion, that the the offer of the successful tenderer is qualitatively better than that submitted by the applicant.

Rule n ° 2:

The marks obtained represent only the result of the evaluation and not the evaluation itself or a brief summary of it. In the absence of information relating to the evaluation itself, the unsuccessful candidate is not able to understand the different ratings that the contracting authority has awarded for the different criteria and sub-criteria.

Judgment very interesting in that it reinforces the obligation of motivation of the rejection letters of the ousted candidates.