Court of Justice clarifies scope and effects of self-cleaning clause under the Public Procurement Directive 2014/24

Today, the Court of Justice rendered its judgment in the freedom of establishment case RTS infra and Aannemingsbedrijf Norré-Behaegel (C-387/19) clarifying, at the request of the Belgian Council of State (Raad van State), the meaning and the legal effects of Article 57(6) of the Public Procurement Directive 2014/24, as amended by Delegated Regulation 2015/2170.

Article 57 of the Public Procurement Directive governs the grounds for excluding economic operators from participating in public procurement procedures. By comparison to the rules contained in its predecessor (Directive 2004/18), Directive 2014/24 allows operators to provide evidence to show that the measures they have taken are sufficient to demonstrate that they are relia