54In this case, the check, by SOAs, of the technical and financial capacity of the undertakings subject to certification, the contents of the declarations, certificates and documents presented by the persons to whom the certification is issued and compliance with the conditions relating to the personal situation of the candidate or tenderer, cannot be considered as an activity within the scope of the decision-making independence in the exercise of public authority powers. That check is regulated entirely by national legislation. Furthermore, it is carried out under direct State supervision and is designed to facilitate the task of the contracting authorities in the field of public works contracts, its purpose being to allow those authorities to complete their tasks with exact and detailed knowledge of both the technical and financial capability of the tenderers.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.