Deloitte Business Advisory NV v Commission of the European Communities (T-195/05)

Judgment of 18 Apr 2007

law://eu/cjeu/2005/t-195-05/para_67@2026-11-14

67However, Article 94 of the Financial Regulation permits exclusion of a tenderer from a procurement procedure only if the situation of conflict of interest to which it refers is real and not hypothetical. That does not mean that a risk of conflict of interest is not sufficient to exclude a tender. In principle, it is only when the contract is performed that a conflict of interest can become real. Before conclusion of the contract, a conflict of interest can be only potential and Article 94 of the Financial Regulation therefore implies an assessment in terms of risk. That risk must actually be found to exist, following a specific assessment of the tender and the tenderer's situation, for that tenderer to be excluded from the procedure. The mere possibility of a conflict of interest cannot suffice for that purpose.

Deloitte Business Advisory NV v Commission of the European Communities (T-195/05)

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