| | 32004L0018: c3-41.3Withhold certain information    
| 32004L0018 - Classic (3rd generation) | Article 41.3 | | 3. However, contracting authorities may decide to withhold certain information referred to in paragraph 1, regarding the contract award, the conclusion of framework agreements or admittance to a dynamic purchasing system where the release of such information would impede law enforcement, would otherwise be contrary to the public interest, would prejudice the legitimate commercial interests of economic operators, whether public or private, or might prejudice fair competition between them. | | 32004L0017 - Utilities (3rd generation) | Article 49.2.3 | | However, contracting entities may decide that certain information on the contract award or the conclusion of the framework agreement or on admission to a dynamic purchasing system, referred to in the paragraph 1, is to be withheld where release of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of a particular economic operator, public or private, including the interests of the economic operator to whom the contract has been awarded, or might prejudice fair competition between economic operators. | | 31997L0052 - Joint amendment of Classic (2nd generation) | Article 3.2=W2-8.1.2
Article 2.2=G2-7.1.2
Article 1.2=S2-12.1.2 | [W2]
However, contracting authorities may decide that certain information on the contract award, referred to in the preceding subparagraph, be withheld where release of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular undertakings, public or private, or might prejudice fair competition between contractors.
[G2]
However, contracting authorities may decide that certain information on the contract award, referred to in the preceding subparagraph, shall be withheld where release of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular undertakings, public or private, or might prejudice fair competition between suppliers.
[S2]
However, contracting authorities may decide that certain information on the contract award, referred to in the preceding subparagraph, shall be withheld where release of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular undertakings, public or private, or might prejudice fair competition between suppliers. | | 31998L0004 - Amendment of Utilities (2nd generation) | Article 1.11=U41.4.2 | | However, contracting entities may decide that certain information on the contract award, referred to in the first subparagraph of this paragraph, be withheld where release of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular enterprises, public or private, including those of the enterprise to which the contract has been awarded, or might prejudice fair competition between suppliers, contractors or service providers.`; |
| Case | Pte | Ref | Text | | T-40/01 | 24-27 | C2A1-2.2=G2-7.1.2-impl | 24 The Court finds that the assessment sheets exist, despite the fact that the Commission has denied their existence on several occasions. Thus, in a letter of 9 September 1998, Mr Taverne stated that such sheets had not been formally drawn up. Moreover, in a letter of 25 September 1998, Mr Trojan, Secretary-General of the Commission, stated: As regards the communication of the technical assessment sheets on compliance with the specifications required, such sheets do not exist ...'.
25 In paragraph 30 of its defence in Case T-194/98, the Commission stated: The reason why the Commission has refused to communicate the technical assessment sheets is quite plain: they do not exist.'
26 It was only when the first action was brought before the Court of First Instance that the Commission communicated the technical assessment sheets. Likewise, on its own initiative and without the slightest reservation, the Commission attached by way of annexes to its defence extracts from Frezza's bid which it had previously refused to divulge on the grounds that they were documents from a third party which the code of conduct governing public access to Commission documents did not allow it to divulge.
27 It cannot but be concluded that the Commission, in repeatedly denying the existence of documents which in reality existed and by refusing to communicate documents on the ground that they were confidential, committed a serious fault. |
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