*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – ECJ, 16 December 2008, Michaniki AE v. Ethniko Symvoulio Radiotileorasis a.o., case C-213/07 The Court of Justice, in answer to several questions referred for a preliminary ruling concerning legislative measures taken under the Greek Constitution, has given its interpretation of provisions prohibiting any person who is a relative of the owner of a news media undertaking, a partner, a shareholder exercising a substantial influence on decision-making, or a manager of that undertaking from submitting a tender in such a public procurement procedure. The power of Member States to adopt such provisions was, it seemed, all the more questionable since Directive
CASE COMMENT: PUBLIC SECTOR - PUBLIC PROCUREMENT - EXCLUSION OF A POTENTIAL BIDDER: POSSIBILITY IF A POTENTIAL BIDDER IS LINKED TO A MEDIA CORPORATION - CONDITIONS: NECESSITY AND PRORTIONNALITY BETWEEN THE EXCLUSION OF A BIDDER AND THE RISK OF DISTORTION IN THE BIDDING PROCESS
Public procurement: The ECJ rules that a Member State may exclude a bidder from a civil works public procurement contract if the bidder is linked to a media corporation as long as it is necessary and proportionate to ensure the fairness of the bidding process (Michaniki)
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