32Accordingly, the answer to the questions referred must be that Article 36 of Directive 92/50 and Article 34 of Directive 93/38 must be interpreted as meaning that Community law does not preclude a jury from attaching specific weight to the subheadings of an award criterion which are defined in advance, by dividing among those headings the points awarded for that criterion by the contracting authority when the contract documents or the contract notice were prepared, provided that that decision:— does not alter the criteria for the award of the contract set out in the contract documents or the contract notice;— does not contain elements which, if they had been known at the time the tenders were prepared, could have affected that preparation;— was not adopted on the basis of matters likely to give rise to discrimination against one of the tenderers.
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