equal treatment

Equal treatment is one of the most fundamental principles in public procurement law. It requires contracting authorities to treat all economic operators equally and without discrimination throughout the procurement process. The principle is enshrined in Article 18(1) of EU Directive 2014/24/EU and derives from the Treaty on the Functioning of the European Union.

How does equal treatment work?

The principle means that similar situations must be treated in the same way, and different situations must not be treated identically, unless an objective justification exists. In practice, this places several concrete obligations on contracting authorities.

All information made available to one tenderer must also be shared with the others. Award criteria and their weighting must remain stable throughout the procedure. Technical specifications must not reference a particular brand or origin unless strictly justified — and even then, the phrase "or equivalent" must be included.

During a competitive procedure with negotiation, equal treatment means every supplier must be given the same opportunity to improve their bid. However, it does not require identical questions — discussions should address the specifics of each tender.

Why is equal treatment important?

• Ensures all suppliers compete on a level playing field in a tender procedure
• Prevents contracting authorities from favouring domestic or familiar suppliers
• Applies to all procurement — both above and below the EEA thresholds
• Provides grounds for legal challenge if breached, including through bodies like KOFA

Breaches can have serious consequences. The CJEU established in its landmark Succhi di Frutta ruling that "all tenderers must be afforded equality of opportunity when formulating their tenders." National courts have awarded significant damages for violations. Tools like Cobrief help suppliers monitor contract notices and ensure they have equal access to information throughout the process.

Equal treatment is a cornerstone of EU and EEA procurement law. Together with non-discrimination, transparency, and proportionality, it ensures that public contracts are awarded fairly and that taxpayer money is spent through genuine competition.