C-316/21Monument Vandekerckhove NV v Stad Gent

Domstolens egne nøkkelord

Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 2014/24/EU – Conduct of the procedure – Choice of participants and award of contracts – Article 63 – Tenderer relying on the capacities of another entity in order to meet the requirements of the contracting authority – Failure to meet the requirements relating to the technical and professional ability of the tenderer by the entity on whose capacities the tenderer intends to rely – Obligation to allow that tenderer to replace that entity – Principle of proportionality.

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