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Defence Procurement: The ECJ Keeps its Ground on “Dual Use” Products


Practical appliance of the exemptions relating to defence purchases that require the protection of the essential interest of the national security and therefore may be brought outside the scope of the EU public procurement directives gives rise to numerous legal problems. The key condition of the exemption is the specifically military purposes of the product, which is hard to determine in case of products of a possible “dual use” or “mixed use” – not only as military


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