Advocate General Sharpston (AG) issued her Opinion on an infringement action concerning allegations of discrimination in a Greek utilities contract on 9 July 2009. The case concerned a tender for design services for the development of a railway project on the outskirts of Athens. In 2004, a complaint was made by a non-Greek firm to the European Commission (Commission) that one of the selection criterion used by the contracting authority prevented foreign firms from participation. The contested requirement contained a provision which limited participation from foreign firms that had taken part in a competition with the same contracting entity in a tender which had a classification different from the current one. The Commission took an infringement action before the European Court of Justice. The AG took the view that the contested clause was inherently likely to have a dissuasive effect on bidders from other Member States, and that this was a breach of the EU procurement rules governing utilities.