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The Link to the Subject-Matter of the Contract in Green and Social Procurement

Marc Martens, Stanislas de Margerie*


Since the European Court of Justice’s 1988 judgment in Beentjes recognising the possibility to include social criteria in public procurement, the case law and legislation on references to social and environmental concerns in this area have evolved substantially. In May 2012, almost ten years after its latest important ruling on this issue, the Court handed down its judgment in European Commission v Kingdom of the Netherlands. While upholding procuring entities’ abilit


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