33However, the Court has been careful to point out that the requirement to communicate the grounds for a decision to withdraw an invitation to tender is dictated by the concern to ensure a minimum level of transparency in public procurement procedures to which EU rules apply, and hence compliance with the principle of equal treatment, which forms the basis of those rules (see, to that effect, judgment in HI, EU:C:2002:379, paragraphs 45 and 46 and the case-law cited).
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