Commission of the European Communities v CAS Succhi di Frutta SpA (C-496/99 P)

Judgment of 29 Apr 2004

law://eu/cjeu/1999/c-496-99/para_127@2026-11-14

127The fact that the Court — again at paragraph 81 — refers to the initiation of a new tendering procedure in the event that the contracting authority is not authorised to substitute other fruit for that specified does not in any way contradict the reasoning set out above. It is true that nothing in that case would have prevented the contracting authority from laying down different conditions, but at least those conditions would have applied in the same way to all the tenderers. Just as in the situation described in the previous paragraph of this judgment, the principles of equal treatment and transparency would have been fully observed in that case too.

Commission of the European Communities v CAS Succhi di Frutta SpA (C-496/99 P)

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