CONSENSUS17-11-2015
EU LAW. THE AWARD OF PUBLIC CONTRACTS AND MINIMUM WAGE.
In July 2013, RegioPost was excluded by the municipality of Landau (Germany) from participation in a public procurement procedure relating to postal services in the municipality. The reason was that, contrary to the provisions of the contract notice, RegioPost had not confirmed to pay a minimum wage to its staff. The municipality set it up at 8,70 Euro/hour.
At the time, there was no minimum wage for the postal services in Germany.
In consequence, RegioPost brought proceedings before the Regional Court, that asked The European Court of Justice.
The Court confirmed that “Directive 2004/18 does not preclude legislation that provides for the exclusion from participation in a public procurement procedure of tenderers and their subcontractors who refuse to undertake, by means of a written declaration enclosed with their tender, to pay staff called upon to perform the services a predetermined minimum wage.”
Mariusz Gladysz
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