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The Court of Justice censures Article 83(8) of the Public Contracts Code

Article 63 of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC must be interpreted as precluding national legislation according to which the lead undertaking of a grouping of economic operators participating in a procedure for the award of a public contract must meet the requirements laid down in the contract notice and perform the services of that contract to a majority extent. This was affirmed by the EU Court of Justice, section IV, judgment of 28 April 2022.

Fabrizio Magrì