In a recent ruling (Commission v Ireland C-226/09), the European Court of Justice (ECJ) provided helpful clarification of the transparency and equality obligations that apply when awarding ‘Part B’ or non-priority services. The infringement proceeding concerned an award, by the Irish Department of Justice, Equality and Law Reform, of a contract for interpretation and translation services. The Commission claimed that by (i) attributing weightings to award criteria after the closing date for submission of tenders; and (ii) altering the weightings following an initial review of the tenders, Ireland breached the EU law principles of transparency and equal treatment. With respect to the first limb of the complaint, the ECJ found that since ‘Part B’ services are not subject to the full application of the Procurement Directive, it was not incumbent on the contracting authority to disclose the weightings for award criteria in advance to bidders. In reaching this conclusion, the ECJ took into account that prior knowledge would not have significantly affected the way bidders responded to the tender. However, by altering the weighting of the award criteria after an initial review of the bids, Ireland had breached EU law. The principles in this case will resonate not only for ‘Part B’ service contracts but also for the award of other public contracts outside the Directive (e.g. below threshold contracts and service concessions).