'Roche Lietuva' v UAB

European Union – Public procurement. Articles 18 and 42 of Directive (EU) 2014/24 had to be interpreted as not imposing on the contracting authority, in establishing technical specifications in a procurement procedure concerning the acquisition of medical supplies, by principle, prioritising either the importance of the individual characteristics of the medical supplies or the importance of the result of their functioning, but requiring that the technical specifications, as a whole, complied with the principles of equality of treatment and proportionality. It was for the national court to assess whether, in the dispute before it, the technical specifications at issue complied with those requirements. The Court of Justice of the European Union so held in proceedings brought by an unsuccessful tenderer in a procedure for the award of a public procurement contract regarding the technical specifications of that contract.

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