223. General principles of EU law applicable to tenders to public bodies.

Invitations to tender from public bodies are subject to the provisions of the Treaty on the Functioning of the European Union1 concerning free movement of goods and services2. Conditions attached to invitations to tender which restrict the free movement of goods, have equivalent effect to such a restriction, or discriminate on the grounds of nationality are in breach of the Treaty and will be struck down if proceedings are brought by the EC Commission against the member state concerned. Thus provisions requiring compliance of tender materials and tenderers with national standards may have equivalent effect to a restriction

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