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submission of offers and subsist at the time of completion of the contract and not on the deadline for the and the non-existence of exclusion grounds must be displayed on the date of the presentation of offers means of the restricted procedure. The first phase of the procedure request for participation ended at 3 solvency before the final term for the presentation of the participation request. The company invokes accordance with the provisions of article 140.4 of the Spanish Law on Public Sector Contracts the circumstances DECISION OF THE HIGHER COURT OF JUSTICE OF MADRID, FEBRUARY 22ND, 2023, (ROJ: STSJ M 1886/2023 – ECL

content of Art. 57 of Directive 2014 24 EU is implemented by Art. 71 of LCSP. 2. FACTS The Judgment of the for any of the other twenty-four lots is not justified according to the rules of logic and the guidelines without analyzing the evidence presented. The Court holds that the work of the Regional Competition Authority it engaged in even at the private homes of the managers. The Court argues that the fact that two companies out of the twenty-nine lots into which the concession contract was divided into four of them the most DECISION OF THE HIGHER COURT OF JUSTICE OF GALICIA, MARCH 10, 2023, (ROJ: STSJ GAL 1418/2023 – ECLI:

14 h of the LTAIPBG. On the other hand the appellant also argues the lack of legitimacy of the Works equivalent content of the Directive. 2. FACTS To understand the reasoning of the Judgment of the National Court duties. The general right of access to public information is only limited if the nature of the information contract for the Sanitary Transport service of La Rioja before the Ministry of Health of the Autonomous knowing the technological improvements offered by the company to obtain the award of the contract. The National DECISION OF THE NATIONAL COURT SAN, OCTOBER 1, 2020 (JUR 2021, 335708) ECLI:ES:AN:2021:4382, SPAIN

be adjusted to the provisions of section 2 of Article 43 of the Consolidated Text of the General Law on ruling by the Higher Court of Justice of the Basque Country about the Spanish regulation of the Special Transposition of the rules for the reserved contracts in Art. 20 of Directive 2014 24 EU is in art. 43 of the General entity. Subsequently the High Court of Justice of Galicia confirmed the decision of the Galician administration Spanish law the Directives of the European Parliament and of the Council 2014 23 EU and 2014 24 EU of 26 February DECISION OF THE SUPREME COURT, JUNE 1, 2023, (ROJ: STS 2758/2023 – ECLI:ES:TS:2023:2758), SPAIN

relevance with the Court saying that the tasks in question amounted to circa 2 of the contents of the contract which is considered to include Art. 1-A of the Code the bid must be excluded. As for Art. 69 of Directive management of a water supply and waste management system one of the bidders challenged the decision of the contracting to award the contract to a supplier who had presented an offer in the value of 1 in one of the two separate made by the appellant regards only the partial price 1 for the initial phase of preparation of contract DECISION OF THE SUPREME ADMINISTRATIVE COURT (1ST SECTION), 21.04.2022 (CASE 03/21.1BEBRG), PORTUGAL

article 56 3 of Directive 2014 24 EU. In the version in force at the relevant time of the facts the provision issued prior to the date of submission of offers. The Court mentioned that Art. 72 3 of the PCC explicitly 56 3 of the Directive does not contain the same reference case law of the ECJ has accepted the nature refer to the contents of the offer and consequently was irrelevant for the application of the award criteria exclusion of the offer. Considering the case law of the ECJ this point could be relevant even though the same DECISION OF THE SUPREME ADMINISTRATIVE COURT (1ST SECTION), 27.01.2022 (CASE 0172/21.0BEBRG), PORTUGAL

with the wording of the Directive. Art. 69 2 f of the Directive only mentions the possibility of the tenderer ultimately led to the exclusion of the offer. On the one hand the company did not present the necessary information 3 of the PCC which transposes Art. 56 3 of the Directive the Court considered that supplementing the offer workers. Addressing the issue the Court excluded the relevance of the argument because the tender documents which is considered to include Art. 1-A 2 of the Code the bid must be excluded. As for Art. 69 of Directive DECISION OF THE SUPREME ADMINISTRATIVE COURT (1ST SECTION), 22.09.2022 (CASE 0339/21.1BECBR), PORTUGAL

purpose of the award criteria i.e. the Court gave relevance to the nature of the document in question article 56 3 of Directive 2014 24 EU. 2. FACTS This is another case referring to the scope of admissible inadmissible clarification of offers during the tender phase. The tender documents of an open procedure regarding they had presented e.g. the average area that a ton of cement can cover . One of the bidders did not present information in the way the tender documents demanded and the other bidders argued that for this reason the offer DECISION OF THE SUPREME ADMINISTRATIVE COURT (1ST SECTION), 08.09.2022 (CASE 0399/21.5BEAVR), PORTUGAL

However at the time of presentation of the bid the bidder had not applied to benefit from the reduction which is considered to include Art. 1-A 2 of the Code the bid must be excluded. As for Art. 69 of Directive in the context of claims that he is not complying with mandatory provisions regarding the payment of costs case in which the acceptance of an offer would lead to breach of mandatory law. The result is that for these ascertain in the current case the existence of reasons to exclude the bid sustaining that it is sufficient DECISION OF THE SUPREME ADMINISTRATIVE COURT (1ST SECTION), 09.06.2022 (CASE 01040/20.9BEBRG), PORTUGAL