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)

*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

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Christophe Le Berre, 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), 16 December 2008, Concurrences N° 1-2009, Art. N° 23624, pp.211-213

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