May a customer certificate be submitted in place of an authorised dealership certificate?

Court:

Council of State

Case no. (E.):

2010/680

Decision no. (K.):

2010/8910

Decision date:

12 February 2023

The customer certificate of 31 December 2007 submitted by the claimant company when participating in the tender, stating that it was a medical oxygen customer of a producer, could not be characterised as the dealership certificate required by the administrative specification showing that it was an authorised dealer of the manufacturer, and its bid could not therefore be accepted and evaluated on that basis.