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Ruling on automatic exclusion of "linked" tenderers

  • Nabarro LLP
  • -
  • European Union, Italy
  • -
  • June 19 2009

On 19 May 2009, the European Court of Justice (ECJ) gave a ruling in the Assitur case (C-53807) on whether it is legitimate to automatically exclude participation in the same tender by undertakings linked by a relationship of control (i.e companies within the same group