<TI><P><HT TYPE="UC">Opinion of Mr Advocate General</HT></P></TI>Mr Advocate General Carl Otto Lenz delivered his Opinion on 30 April 1991Original language: German.
. He proposed that the Court rule as follows:
- (1)Article 29(5) of Council Directive 71/305/EEC prohibits Member States from introducing provisions which require the automatic disqualification from the award of public works contracts of certain tenders determined according to a mathematical criterion, instead of obliging the awarding authority to apply the examination procedure laid down in the directive, giving the tenderer an opportunity to furnish explanations.
- (2)When implementing Council Directive 71/305, Member States may not depart, to any material extent, from the provisions of Article 29(5) thereof.
- (3)Article 29(5) of Council Directive 71/305 allows Member States to require that tenders be examined when those tenders appear to be abnormally low, and not only when they are obviously abnormally low.