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Tenderers May Be Excluded, If the Grounds for Exclusion Are Applicable to Their Subcontractors

Annotation on the Judgment of the Court of Justice of the European Union (Second Chamber) of 30 January 2020 in Case C-395/18 Tim SpA - Direzione e coordinamento Vivendi SA v Consip SpA and Ministero dell'Economia e delle Finanze

Zbigniew Raczkiewicz


Keywords: subcontracting, Italy, grounds for exclusion, Directive 2014/24/EU

In January 2020 the Court of Justice of the European Union delivered its judgment in Case C-395/18. The Court said that the public procurement regime of the European Union does not preclude exclusion of a tenderer, if the ground for exclusion is applicable to one from its subcontractors. However, such exclusion shall not be automatic.

Zbigniew Raczkiewicz, PhD in public procurement, Head of the calls for tenders sector at the Publications Office of the EU. For correspondence: <>. The ideas, comments and opinions expressed in the Article are those of the author only and should not be linked in any way with the official position of the European Commission.


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