Das Verhältnis von Eignungs- und Zuschlagkriterien im europäischen, deutschen und US-amerikanischen Vergaberecht

The principle that a distinction must be made between selection and award criteria has been part of general knowledge in public procurement law since the well-known Beentjes decision of the ECJ. In practice, however, this distinction is still difficult to make. The author examines the understanding of the relationship between the two groups of criteria developed in European and German public procurement law and compares it with the system of "contractor qualifications" and "evaluation criteria" applicable in U.S. public procurement law. Suggestions are developed as to how the fundamental distinction between procurement and award criteria can be implemented de lege lata and understood de lege ferenda.