European Union – Public service contracts. The Court of Justice of the European Union gave a preliminary ruling deciding that art 1(3) of Council Directive (EEC) 89/665, as amended, should be interpreted as not precluding a tenderer who had been excluded from a public procurement procedure by a decision of the contracting authority which had become final from being refused access to a review of the decision awarding the public contract concerned and of the conclusion of the contract where only that unsuccessful tenderer and the successful tenderer had submitted bids and the unsuccessful tenderer maintained that the successful tenderer's bid should also have been rejected.