Originally posted by vlc
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Reply to: Equal access within EU
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Previously on "Equal access within EU"
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Yes. As long as the discrimination is against the company and not against a specific person.
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A believe yes, they can reject.Originally posted by vlc View PostCan an EU company reject a supplier contract purely for the reason that the supplier is not from the same EU country? Is their any explicit legal obligation to not discriminate in that way?
e.g. Can a British company freely insist that a service is supplied by a British rather than say a German legal entity?
I think that a company can't be obligated to hire a supplier from other country. Can't be considered discrimination because they are beneficiating the companies of the country.
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There will be all sorts of politics involved. If a French co doesn't want a German contractor, they'll make something up about why they're not acceptable and so on. It's like getting honest feedback from any interview you have - they're not going to tell you a real reason that may be illegal (e.g. wrong colour skin, wrong nationality, etc.)
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The EU procurement regulations only apply to Public Authorities tendering for contracts over a certain value. For everyone else it's down to individual corporate procurement rules.Originally posted by vlc View PostCan an EU company reject a supplier contract purely for the reason that the supplier is not from the same EU country? Is their any explicit legal obligation to not discriminate in that way?
e.g. Can a British company freely insist that a service is supplied by a British rather than say a German legal entity?
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There is an EU directive on public procurement, but that doesn't apply to private companies. So I would say the company is perfectly entitled to discriminate. The EU does have a lot of directives on equal access as an employee or consumer.
Most companies buy to get the best deal, so it isn't an issue. Public procurement is different as governments have a self interest in discriminating, which is why there are EU laws to prevent it.
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Apparently, since the Brexit vote, there has been a few continental agencies doing this.Originally posted by vlc View PostWell it has happened... perhaps naive, in very plain unambiguous language.
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Well it has happened... perhaps naive, in very plain unambiguous language.Originally posted by SueEllen View PostYep.
However most companies aren't stupid enough to phrase it that way they will simply say other companies/candidates were better suited rather than explain that you failed their compliance tests.
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Yep.
However most companies aren't stupid enough to phrase it that way they will simply say other companies/candidates were better suited rather than explain that you failed their compliance tests.
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Equal access within EU
Can an EU company reject a supplier contract purely for the reason that the supplier is not from the same EU country? Is their any explicit legal obligation to not discriminate in that way?
e.g. Can a British company freely insist that a service is supplied by a British rather than say a German legal entity?Last edited by vlc; 12 September 2016, 20:23.Tags: None
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