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The EU General Court considers that excessive qualitative criteria in public procurement artificially narrow down competition (Jema Energy)

Mixed views on General Court decision concerning claim of 'artificial narrowing of competition' through too strict procurement selection requirements (T-668/15)* In its Judgment of 10 November 2017 in Jema Energy v Entreprise, T-668/15, EU:T:2017:796 (only available in Spanish and French), the General Court of the Court of Justice of the European Union (GC) engaged with a claim that, by setting exceedingly demanding qualitative selection criteria, the contracting authority had artificially narrowed down competition. I find this case very interesting because I expect this type of argument to be increasingly used in procurement challenges as a result of the consolidation of the principle of competition in Article 18(1) of Directive 2014/24/EU [for my interpretation, see A

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Albert Sánchez Graells, The EU General Court considers that excessive qualitative criteria in public procurement artificially narrow down competition (Jema Energy), 10 November 2017, e-Competitions Bulletin December 2017, Art. N° 85329

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