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National legislation may not impose on the agent of a group of economic operators that it must fulfil the majority of the requirements and provide the majority of the services in a public contract

In the case C-642/20 that led to the ruling of 28 April 2022, a public tender was awarded to a temporary association of undertakings. The Tribunale administrative regionale per la Sicilia annulled this award based on Italian legislation which provides that in case of a group of economic operators where recourse has been had to reliance on the capacities of other entities, the agent must in any event fulfil the majority of the requirements and provide the majority of the services. Read more…