Application of the principle of proportionality: the case of penalty clauses in Estonian public contracts

Developments in the EU public procurement law have attributed a new level of significance to the principle of proportionality. While the public and utilities procurement directives of 2004 did not refer to proportionality as a general principle, the growing body of the CJEU case law has nevertheless developed and often relied on that principle in public procurement matters. This has led to direct incorporation of proportionality among the other principles listed in the new, 2014 directives.
In the case of Estonia, the Public Procurement Review Board, the body liable for review of public and utilities procurement cases in the first instance, has witnessed a somewhat surprising show of cases that challenge the terms of penalty clauses in public contracts and often focus on the principle of proportionality, either in combination of the principles of transparency or equal treatment

Mari Ann Simovart
no 3
s. 215