Brief theoretical and practical considerations about the decision of the Court of Justice of the European Union in the case EFS (C-278/14)

DEZBATERI

Abstract

The dialogue between the national courts of the Member States and the Court of Justice of the European Union is important for the harmonization of the interpretation of the legislative acts of the Union in essential fields, such as the public procurement field, where legislative  harmonization is one of the most advanced. In case EFS, one of the first preliminary references of a Romanian court occasioned the approach of certain significant issues of substantive law in the public procurement field, namely the manner of establishing the rules applicable to the contracts whose estimated value below the value threshold established by the Directives, respectively the admissibility conditions of certain technical specifications indicating a certain origin, a certain production or a certain procedure, without breaching the general principles of the Union and the specific public procurement principles thereby.