AG Campos Sánchez-Bordona: Opinion on confidentiality limits in public procurement procedures

Advocate General (AG) Campos Sánchez-Bordona’s Opinion in ANTEA POLSKA and Others (C-54/21) was issued yesterday, advising on the limits of the confidentiality of information provided by tenderers under the Public Procurement Directive (2014/24/EU).

In 2019, the State Water Management Company in Poland launched an open procedure to award a contract for the river basin management plans and methodologies. The tender documents stated that the bids would be evaluated on the basis of three criteria: price, project development design and implementation. Four operators submitted bids, including a consortium of companies led by ANTEA POLSKA but CDM Smith was finally the one awarded the contract. 

ANTEA POLSKA appealed the award and