Court of Justice: Contracting authority may be prohibited from concluding public procurement contract until body at first instance reviews the decision awarding the contract

Today, the Fourth Chamber of the Court of Justice handed down its judgment in CROSS Zlín (C-303/22), a case concerning the compatibility of Czech legislation with the provisions of Directive 89/665/EEC on the coordination of laws, regulations and administrative provisions relating to the application of review procedures relating to the award of public supply and public works contracts, interpreted in the light of Article 47 of the Charter of Fundamental Rights.

The preliminary reference was made in the context of a dispute between CROSS Zlín a.s. and the Úřad pro ochranu hospodářské soutěže (Office for the Protection of Competition, Czech Republic) concerning the confirmation by the President of the Office of the dismissal of CROS