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Exclusion of Certain Legal Services from Directive 2014/24/EU

Annotation on the judgment of the Court of Justice of the European Union (Fifth Chamber) of 6 June 2019 in Case C-264/18 P. M. and Others v Ministerraad

Marco Ceruti

DOI https://doi.org/10.21552/epppl/2019/3/8

Keywords: Public procurement, National legislation, Exclusion of legal services, Principle of equal treatment, Principle of subsidiarity

This paper explores the exclusion of certain legal services from Directive 2014/24/EU, in relation to the judgment of the CJEU in the P.M. e a. Case, stating that legal services provided by a lawyer are to be conceived only in the context of a relationship intuitu personae between the lawyers and their client, characterised by the utmost confidentiality and by the free choice of representative, at the same time leaving for national legislatures to determine whether those services should be subject to public procurement rules.
Keywords: Public procurement; National legislation; Exclusion of certain legal services; Principles of equal treatment and subsidiarity.

Marco Ceruti is a Lawyer and PhD Insubria University, Como, Italy; member of the editorial board for the Observatory on public procurement law of the University of Trento. For correspondence: <mailto:avv.marcoceruti@gmail.com>.


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