SC Enterprise Focused Solutions SRL v Spitalul Judetean de Urgenta Alba Iulia

European Union – Public procurement. The Court of Justice of the European Union ruled that, in the context of a public contract not subject to Directive (EC) 2004/18 because its value fell below the threshold for application of that directive, but which had certain cross-border interest, which it was for the referring court to ascertain, the fundamental rules and general principles of the FEU Treaty, in particular the principles of equal treatment and of non-discrimination and the consequent obligation of transparency, should be interpreted as meaning that the contracting authority could not reject a tender which satisfied the requirements of the contract notice on grounds which were not set out in that notice.

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