Facts of the case 1. In 2008 the city of Mersch launched a public tender procedure in order to choose the best qualified operator for the management of its municipal cable television (CATV) network, over which television content is distributed and broadband internet services are offered. Imagin, a joint venture between Eltrona and Nokia Siemens won the tender and not Coditel, the manager of the CATV network at that time. Coditel challenged the award decision before the Luxembourg Administrative Court of First Instance (Tribunal administratif) for non-compliance with the Luxembourg 2003 Public Procurement Act (“loi modifiée du 30 juin 2003 sur les marchés publics”), which is now replaced by the 2009 Public Procurement Act (“loi modifiée du 25 juin
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