January 23
2022
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25th May 2021
Internal Market

Analysis: “Thou shalt not discriminate once again in EU public procurement law (Case C-6/20)” by Piotr Bogdanowicz

"Thou shalt not discriminate." As aptly noted by Advocate General Wahl in his Opinion in Austria v Germany (C-591/17), if it were possible to condense the entire body of EU law into a few commandments, the prohibition of discrimination, in particular discrimination based on nationality, would probably be one of the first. Thus, it does not come as a surprise that public procurement directives require contracting authorities to treat economic operators equally and non-discriminatorily, as well as to act in a transparent way.

In the case at hand (Sotsiaalministeerium, C-6/20), the Estonian Court of Appeal asked the Court of Justice about the compatibility with Estonian law of the requirement, set forth in Article 2 of Directive 2004

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