European Union – Public procurement. Article 45(2), first subparagraph, point (b) of Directive (EC) 2004/18 should be interpreted as not precluding national legislation which allowed the exclusion from a public procurement procedure of an economic operator who, at the date of the exclusion decision, had filed an application for an arrangement with creditors, while reserving the right to present a plan which provided for the continuation of the business. The Court of Justice of the European Union so held in proceedings concerning the exclusion from the ad hoc consortium of undertakings of which the applicant was the representative, from participating in a tendering procedure for a public services contract.