January 23
2022
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19th January 2021
Internal Market

Analysis: “Court of Justice clarifies scope and effects of self-cleaning under Directive 2014/24” by Piotr Bogdanowicz

Under Article 57(6) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (Directive 2014/24) any economic operator that is caught by one of the grounds for exclusion may provide evidence to the effect that measures taken thereby are sufficient to demonstrate its reliability despite the existence of a relevant ground for exclusion. If such evidence is considered as sufficient, the economic operator concerned shall not be excluded from the procurement procedure. This is called 'self-cleaning'.

In this context, the recent judgment of the Court of Justice in RTS infra and Aannemingsbedrijf Norré-Behaegel (C-387/19) deserves particular attenti

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