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The Case deals with the exclusion from procurement procedures of tenderers which are part of the same association, due to possible collusions among them. The Court of Justice of the European Union was asked whether national legislation which foresees additional exclusion grounds, forbidding undertakings which are part of the same associative or corporate structure from participating in tendering procedures through a common proxy, complies with EU law. The Court clarified the issue, and confirmed that the general principles of equal treatment, transparency and non-discrimination allow national legislation to foresee further grounds for exclusion, in addition to those mentioned by Directive 2004/18. Such legislation shall nonetheless comply with and be interpreted according to the equally important principle of proportionality.

european procurement and public private partnership law review

Competition in the Competitor: Collusion in Public Procurement Procedures and Insurance Syndicates Annotation on the Judgment of the Court of Justice of the European Union (Sixth Chamber) of 8 February 2018 in Case C-144/17 Lloyd’s of London v Agenzia Regionale per la Protezione dell’Ambiente della Calabria.