European Union – Public procurement. The Court of Justice of the European Union ruled that arts 47 and 48 of European Parliament and Council Directive (EC) 2004/18 did not preclude national legislation allowing an economic operator to rely on the capacities of a third-party entity to satisfy the minimum requirements for a tendering procedure only partially satisfied by that operator. Further, the principles of equal treatment and proportionality did not preclude an economic operator from being allowed to regularise its position.