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economic impact the value of contracts awarded by adhesion is worth tens of millions of euros every year. The service of the proper functioning and competition of the public contracts market. The Council of State decree 50 2016 Code of Public Contracts Art. 37 Aggregation and centralisation of procurement legislative legislative decree 50 2016 Code of Public Contracts The adhesion of an administration to the contract stipulated The legitimacy of this practice requires upstream the determination of the entities that may adhere to DECISION N. 7016, 8 AUGUST 2022, COUNCIL OF STATE, SECT. III, ITALY

provision of armed security services contract at the facilities of the Local health authority of Foggia awarding of all three lots in application of the award constraint set forth in Article 3 last part of the up to a maximum of three lots which shall be identified on the basis of the criterion of economic relevance authority in a logic of substantial protection of competition and application of the rule in accordance Council of State noted that the purpose of the concerned provision is to be found in Recital 79 of Directive DECISION N. 9003, 21ST OCTOBER 2022, COUNCIL OF STATE, SEC. III, ITALY

economic impact the value of contracts awarded by adhesion is worth tens of millions of euros every year. The service of the proper functioning and competition of the public contracts market. The Council of State decree 50 2016 Code of Public Contracts Art. 37 Aggregation and centralisation of procurement legislative legislative decree 50 2016 Code of Public Contracts The adhesion of an administration to the contract stipulated The legitimacy of this practice requires upstream the determination of the entities that may adhere to Decision n. 7016, 8 August 2022, Council of State, sect. III, Italy

the award of public contracts and concessions and of the principle of necessary unambiguity of exclusionary judgment of the Regional Administrative Tribunal of Veneto region which upholding the appeal of the second-ranked registration of the association considered aimed at the mere acquisition of tax subjectivity would be of no use violation of the national law Articles 45 and 83 para. 8 of Legislative Decree no. 50 2016 of the EU law COUNCIL OF STATE SEC. V ITALY Article s in Directive 2014 24 EU Art. 19 Topic Neutrality of legal forms DECISION N. 2734, 15 MARCH 2023, COUNCIL OF STATE, SEC. V, ITALY

Transposition of the rules for the reserved contracts in Art. 20 of Directive 2014 24 EU is in art. 43 of the General Subsequently the High Court of Justice of Galicia confirmed the decision of the Galician administration the Directives of the European Parliament and of the Council 2014 23 EU and 2014 24 EU of 26 February 2014 section 2 of Article 43 of the Consolidated Text of the General Law on Disabled Persons. The appellant is a which falls within the scope of Article 43 2 of the Consolidated Text of the General Law on Persons with DECISION OF THE SUPREME COURT, JUNE 1, 2023, (ROJ: STS 2758/2023 – ECLI:ES:TS:2023:2758), SPAIN

Law 78 2022 of 7 November . Art. 70 2 f of the PCC then provides that if the acceptance of any bid would implementation of an IT solution for the processing of invoices and integrated management of a water supply the initial phase of preparation of contract performance and not the overall price of the offer 237.313 this case that of lowest price considering of course the overall price and the irrelevance of partial prices in Art. 1-A 2 of the Portuguese Public Contracts Code PCC adopted by Decree Law 18 2008 of 29 January with DECISION OF THE SUPREME ADMINISTRATIVE COURT (1ST SECTION), 21.04.2022 (CASE 03/21.1BEBRG), PORTUGAL

submission of documents meant to prove facts or qualities prior to the date of submission of the offer issued prior to the date of submission of offers. The Court mentioned that Art. 72 3 of the PCC explicitly proportionality. In support of its decision and in addition to several pieces of case law of the Portuguese Administrative 72 3 and 4 of the Portuguese Public Contracts Code PCC adopted by Decree Law 18 2008 of 29 January with Decree Law 78 2022 of 7 November which are considered to transpose article 56 3 of Directive 2014 24 EU DECISION OF THE SUPREME ADMINISTRATIVE COURT (1ST SECTION), 27.01.2022 (CASE 0172/21.0BEBRG), PORTUGAL

Law 78 2022 of 7 November . Art. 70 2 f of the PCC then provides that if the acceptance of any bid would Applying the standards of Art. 72 3 of the PCC which transposes Art. 56 3 of the Directive the Court the wording of the Directive. Art. 69 2 f of the Directive only mentions the possibility of the tenderer abnormally low tenders breach of Labour Law provisions by a bid clarification of tenders Member State Portugal in Art. 1-A 2 of the Portuguese Public Contracts Code PCC adopted by Decree Law 18 2008 of 29 January with DECISION OF THE SUPREME ADMINISTRATIVE COURT (1ST SECTION), 22.09.2022 (CASE 0339/21.1BECBR), PORTUGAL

72 3 and 4 of the Portuguese Public Contracts Code PCC adopted by Decree Law 18 2008 of 29 January with Decree Law 78 2022 of 7 November which are considered to transpose article 56 3 of Directive 2014 24 EU case referring to the scope of admissible or inadmissible clarification of offers during the tender phase presented e.g. the average area that a ton of cement can cover . One of the bidders did not present this information for the purpose of the award criteria i.e. the Court gave relevance to the nature of the document in DECISION OF THE SUPREME ADMINISTRATIVE COURT (1ST SECTION), 08.09.2022 (CASE 0399/21.5BEAVR), PORTUGAL

Law 78 2022 of 7 November . Art. 70 2 f of the PCC then provides that if the acceptance of any bid would that he meant to benefit of a special regime for employment of two categories of workers first-time workers in Art. 1-A 2 of the Portuguese Public Contracts Code PCC adopted by Decree Law 18 2008 of 29 January with breach of mandatory provisions in laws or by-laws which is considered to include Art. 1-A 2 of the Code Arts. 71 and 70 2 e of the PCC. 2. FACTS During an open procedure for the award of a services contract DECISION OF THE SUPREME ADMINISTRATIVE COURT (1ST SECTION), 09.06.2022 (CASE 01040/20.9BEBRG), PORTUGAL