January 23
2022
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10th September 2021
Internal Market

Analysis: “To disclose or not to disclose – Klaipėdos regiono atliekų tvarkymo centras (C-927/19)” by Piotr Bogdanowicz

At the request of the Lithuanian Supreme Court (Lietuvos Aukščiausiasis Teismas), in Klaipėdos regiono atliekų tvarkymo centras (C-927/19) the Court of Justice tried to find a proper balance between the protection of the confidential information provided by a tenderer and the effectiveness of the rights of defence of other tenderers. The case also concerned several other aspects, but in this Analysis I will only focus on the confidentiality issues. In any case, it is worth mentioning that the judgment was issued by the Grand Chamber which in public procurement cases does not happen very often.

In the case at hand, one tenderer attempted unsuccessfully to gain access to the tender of another tenderer. The contracting authority itse

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