The EU Court of Justice holds that it’s not acceptable for the assets to be transferred to a bidder that had initially participated in the process as a member of a consortium, when analyzing a measure of State aid for restructuring and recapitalisation involving a bidding process (SNCF Mobilités)

Do EU procurement & State aid rules conflict on possibility for consortium members to 'go it alone'? (C-127/16 P)* In its Judgment of 7 March 2018 in SNCF Mobilités v Commission, C-127/16 P, EU:C:2018:165, in the context of the analysis of a measure of State aid for restructuring and recapitalisation involving a bidding process, the Court of Justice of the European Union (CJEU) indicated that it is not acceptable for the assets to be transferred to a bidder that had initially participated in the process as a member of a consortium but subsequently decided to 'go it alone' and submitted a solo bid for the assets. In establishing this principle, the CJEU seems to have taken a position that can potentially be functionally incompatible with its previous case law in the area of public

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Albert Sánchez Graells, The EU Court of Justice holds that it’s not acceptable for the assets to be transferred to a bidder that had initially participated in the process as a member of a consortium, when analyzing a measure of State aid for restructuring and recapitalisation involving a bidding process (SNCF Mobilités), 7 March 2018, e-Competitions Bulletin March 2018, Art. N° 88476

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