Judgment_paragraph 36 · Commission of the European Communities v French Republic (C-337/98)

36It must be borne in mind, second, that the decision by a contracting entity concerning the type of procedure to be followed and whether it is necessary for a prior call for competition to be issued for the award of a public contract constitutes a distinct stage in the procedure, a stage during which the essential characteristics of the execution of the procedure are defined and which may, as a rule, take place only at the point when that procedure is initiated.

Commission of the European Communities v French Republic (C-337/98)

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