40The Court of Justice has already had occasion to define the scope of the obligation to notify reasons for abandoning the award of a contract in the context of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199, p. 54), in the version thereof resulting from Directive 97/52 (hereinafter ‘Directive 93/37’), which contains in Article 8(2) a provision similar to Article 12(2) of Directive 92/50. In particular, in its judgment in Case C-27/98 Fracasso and Leitschutz v Salzburger Landesregierung [1999] ECR I-5697, paragraphs 23 and 25, the Court held that Article 8(2) of Directive 93/37 does not provide that the option of the contracting authority to decide not to award a contract put out to tender, implicity allowed by Directive 93/37, is limited to exceptional cases or must necessarily be based on serious grounds.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.