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The Requirement to Obtain Consent from the Relevant Authorities Constitutes a Contract Performance Condition • Case C-295/20 Sanresa


Ezgi Uysal

DOI https://doi.org/10.21552/epppl/2022/2/9

This work is distributed under the Creative Commons Licence Attribution 4.0 International (CC BY 4.0).

Keywords: contract performance condition, exclusion, lawful selection criterion, case law

Annotation on the Judgment of the Court of Justice of the European Union (Ninth Chamber) of 8 July 2021 in Case C-295/20 Sanresa UAB v Aplinkos apsaugos departamentas prie Aplinkos ministerijos
In July 2021, the Court of Justice of the European Union delivered its judgment on Case C-295/20. The judgment established that the requirement to obtain authorisation for international shipment of waste under Regulation 1013/2006 is a contract performance condition therefore a contracting authority cannot exclude a tenderer due to the lack thereof at the time of tender submission.

Ezgi Uysal, PhD Student at the University of Turin, Early Stage Researcher at SAPIENS Network. This project has received funding from the European Union’s Horizon 2020 research and innovation programme under the Marie Skłodowska-Curie grant agreement No 956696. For correspondence: <mailto:ezgi.uysal@unito.it>.


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