December 02
2021
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Emilija Berzanskaite
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7th October 2021
Competition & State Aid Internal Market

Court of Justice: Member States can impose additional criteria on economic operators participating in reserved public procurement procedures 

The Court of Justice issued a judgment in Conacee (C-598/19), ruling that Member States can impose additional criteria beyond those laid down by Article 20 of Public Procurement Directive (2014/24), thereby excluding from reserved public procurement procedures economic operators which satisfy the criteria, provided that the principles of equal treatment and proportionality are complied with.

Article 20 of the Directive states that Member States may reserve the right to participate in public procurement procedures to (i) sheltered workshops or economic operators whose main aim is the social and professional integration of disabled or disadvantaged persons, and (ii) for sheltered employment programmes, provided that at least 30% of

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