14The referring court notes, lastly, that, according to the case-law of the Court of Justice (Case C-213/07 Michaniki [2008] ECR I-9999 and Case C-376/08 Serrantoni and Consorzio stabile edili [2009] ECR I-12169), Directive 2004/18 does not preclude a Member State from providing grounds for exclusion other than those provided in Article 45(2) therein, and which are not based on objective considerations of the professional qualities of economic operators, to the extent that they are proportionate to the objective pursued. However, in accordance with the case-law of the Court (Joined Cases C-21/03 and C-34/03 Fabricom [2005] ECR I-1559 and Joined Cases C-147/06 and C-148/06 SECAP and Santorso [2008] ECR I-3565), EU law precludes national rules which provide for the automatic exclusion of an operator from participation in a procedure for the award of a contract or the automatic rejection of tenders, and the application of measures which are disproportionate to the aim pursued. Not only does the national provision at issue apply automatically but, in addition, it goes beyond what is necessary to attain the aim of protecting the public interest, namely to eliminate contractors that are genuinely unreliable.
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