European Union – Public procurement. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that the third sub-paragraph of art 1(1) and art 1(3) of Council Directive (EEC) 89/665 were to be interpreted as meaning that a main action for review brought by a tenderer with an interest in obtaining a particular contract who had been or could be adversely affected by an alleged breach of European Union public procurement law or rules transposing that law, with a view to excluding another tenderer, could not be dismissed as inadmissible under national procedural rules which provided that the counterclaim lodged by the other tenderer had to be examined first.