51It is to be noted at the outset that in Case C-243/89 Commission v Denmark [1993] ECR I-3353 (the ‘Storebaelt case’), at paragraph 33, the Court held that the duty to observe the principle of equal treatment of tenderers lies at the heart of Council Directive 71/305/EEC of 26 July 1971 concerning the coordination of procedures for the award of public works contracts (OJ, English Special Edition 1971 (II), p. 682).
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