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CJEU – Possibility to supplement the tender — Possibility to rely on the capacities of other entities — Exclusion from participation in a public contract for serious misconduct
Judgement rendered by the Court of Justice (CJEU – 4 May 2017 – C-387/14 – Esaprojekt) under the old Directive 2004/18, however the solutions should be the same for the procurement procedures launched according to the new directive 2014/24 . Possibility to supplement the tender The Court recalls that, as a general rule, a tender cannot be amended […]
CJEU – The tenderer cannot be required to perform itself the main works as defined by the contracting entity
Subcontractors : The Court of Justice ruled in this judgment of 5 April 2017 that a national law which provides that, where subcontractors are relied on for the performance of a public works contract, the tenderer is required to perform itself the main works, as defined by the contracting entity, constitutes a restriction on the […]
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