Landkreis Aichach-Friedberg v J Sch Omnibusunternehmen

Subject Matter

PUBLIC PROCUREMENT — Contract award procedure — Selection criteria — Contract for public transport bus services — Trader and bus transport company, of which trader managing director and sole shareholder, submitting tenders through trader — Whether optional ground for excluding economic operator from procurement procedure covering only cases which prevented, restricted or distorted competition within internal market — Whether principle of equal treatment precluding award of contract to economic operators whose tenders, although submitted separately, were neither autonomous nor independent — FEU Treaty, art 101 — Parliament and Council Directive 2014/24/EU, art 57(4)(d) — Parliament and Council Directive 2014/25/EU, art 80(1)

(Case C-416/21); EU:C:2022:689; [2022] PTSR 1736; [2022] WLR(D) 375, ECJ

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