Source: European Parliament
Does the Commission agree that Directive 2014/24/EU validates the language requirements appearing in the provision outlined below, from Article 53, section 1, page 23 of a Belgian call for tender?
‘The tenderer shall only use the Dutch language in both his oral and written communication with the procuring authority.
In the communication between the contractor and the procuring authority, as well as in the communication between the dredgers, the traffic control centres and the other ships, the use of the Dutch language is obligatory.
The procuring authority may require a (where relevant, certified) translation of documents that are only available in a different language […]. The tenderer shall bear the costs of the translation. The translation shall be the only legally valid document’.
Do these language requirements comply with recital 92 of Directive 2014/24/EU, namely that ‘the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority and they should ensure the possibility of effective and fair competition and be accompanied by arrangements that allow the information provided by the tenderers to be effectively verified’?
Do these language requirements also comply with the basic principles on public procurement deriving from the Treaty on the Functioning of the European Union (TFEU), including equal treatment, non-discrimination, mutual recognition, proportionality and transparency?