- Exclusion grounds and self-cleaning in concession contracts procurement (Vert Marine v Premier Ministre)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Public Law analysis: In this case, the Court of Justice considered questions on the compatibility of French domestic legislation dealing with the exclusion of economic operators from a concession procurement procedure who had been convicted by final judgment of any offence giving rise to exclusion grounds under Article 38(4) of Directive 2014/23/EU, where the domestic legislation did not provide the economic operator in question with the right to ‘self-clean’. The court held that domestic legislation which did not give a right to self-clean was incompatible with Article 38(9) of Directive 2014/23/EU. Additionally, where an economic operator ‘self-cleans’, the court held that the assessment of the suitability of the compliance measures put in place by that economic operator is able to be assessed by the domestic courts where the domestic legislation provides that this is the method of assessment, and where the assessment of those measures complies with Article 38(9) of Directive 2014/23/EU and is compatible with the time limits for awarding concession contracts. Written by Rebecca Rees, partner, and Stuart Brown, solicitor, at Trowers & Hamlins LLP.
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