The EU Court of Justice clarifies the application of optional exclusion grounds and the right to self-cleaning (RTS Infra / Aannemingsbedrijf Norré-Behaegel)

On 14 January 2021, the Court of Justice of the European Union (CJEU) held that tenderers who find themselves in one of the optional grounds for exclusion referred to in Article 57(4) of Directive 2014/24/EU of 26 February 2014 on public procurement (the Directive) are only obliged to spontaneously demonstrate that the corrective measures which they have taken are sufficient to demonstrate their reliability despite the existence of a relevant exclusion ground, if this is required by national law or set out in the tender documents. Furthermore, the CJEU held that Article 57(6) of the Directive has direct effect (CJEU, judgment of 14 January 2021, Case C‐387/19, RTS Infra and Aannemingsbedrijf Norré-Behaegel). Article 57(6), first paragraph of the Directive provides for the right to

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  • Van Bael & Bellis (Brussels)

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Koen T'Syen, The EU Court of Justice clarifies the application of optional exclusion grounds and the right to self-cleaning (RTS Infra / Aannemingsbedrijf Norré-Behaegel), 14 January 2021, e-Competitions January 2021, Art. N° 99178

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