Summary

This article gives an overview of Estonian case-law over the past few years when implementing § 48 of the Public Procurement Act and analyses this case-law. The referred to section regulates the issues related to abnormally low tenders in public procurement law. Although § 48 of the Public Procurement Act has not been amended since the adoption of the Act, the interpretative practice of the legal provision has notably changed in courts. The number and certain consistency of judgments made provides worthful instructions for implementing the provision for both the contracting authorities as well as the tenderers, who wish to contest the declaration of the tender of its competitor successful. The article examines the instructions that have taken root or are taking root in Estonian case-law when interpreting relevant provisions. Considering the notable impact of the judgments of the European Court of Justice in the settlement of public procurement disputes, the article discusses the more important judgments of the European Court of Justice and analyses the extent within which the previous judicial practice is applicable in light of the new directive and the new public procurement act deriving from it.