Casertana Costruzioni Srl v Ministero delle Infrastrutture e dei Trasporti - Provveditorato Interregionale per le opere pubbliche della Campania e del Molise and another

European Union – Competition. Articles 47(2) and 48(3) of Directive (EC) 2004/18 of the European Parliament and of the Council was interpreted by the Court of Justice of the European Union as not precluding national legislation which excluded the possibility for an economic operator taking part in a tendering procedure to replace an auxiliary undertaking that had lost required qualifications after the submission of its tender and which resulted in the automatic exclusion of that operator.

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