The EU Court of Justice rules that a general interdiction to rely on the capacities of more than one undertaking for the same qualification category imposed on tenderers is precluded by law (Mannocchi Luigino)

A jigsaw of qualifications or a procurement puzzle?: CJEU launches a depth charge against certification systems (C-94/12)* In its Judgment of 10 October 2013 in case C-94/12 Swm Costruzioni 2 and Mannocchi Luigino, the Court of Justice of the EU has followed the Opinion of AG Jääskinen (which I praised and supported here) and expanded its antiformalistic case law on the interpretation of the rules controlling participation and selection requirements in public procurement covered by the EU Directives. In my view, this Judgment is a (well-aimed?) depth charge against certification systems based on Article 52 of Directive 2004/18. More specifically, the CJEU was presented with a request for a preliminary reference concerning the compatibility with EU law of an Italian provision

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Albert Sánchez Graells, The EU Court of Justice rules that a general interdiction to rely on the capacities of more than one undertaking for the same qualification category imposed on tenderers is precluded by law (Mannocchi Luigino), 10 October 2013, e-Competitions October 2013, Art. N° 59082

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