C-403/21SC NV Construct SRL v Judeţul Timiş

Domstolens egne nøkkelord

Reference for a preliminary ruling – Article 267 TFEU – Definition of ‘court or tribunal of a Member State’ – Criteria – Independence and compulsory nature of the jurisdiction of the national body concerned – Stability of the members of that body – Directive 2014/24/EU – Public procurement procedures – Article 58 – Selection criteria – Possibility of including, amongst those criteria, obligations under special laws applicable to the activities connected with the contract in question and not set out as a criterion for selection in the procurement documents – Article 63(1) – Tenderer relying on the capacities of another entity in order to meet the requirements of the contracting authority – Not possible to require recourse to subcontracting.

Tolker