Judgment_paragraph 38 · Union des syndicats de l'immobilier (UNIS) v Ministre du Travail, de l’Emploi et de la Formation professionnelle et du Dialogue social et Syndicat national des résidences de tourisme (SNRT) and Others and Beaudout Père et Fils SARL v Ministre du Travail, de l’Emploi et de la Formation professionnelle et du Dialogue social and Others (C-25/14, C-26/14)

38According to the case-law, the obligation of transparency stems from the principles of equal treatment and non-discrimination, compliance with which is required by the freedom to provide services guaranteed by Article 56 TFEU. Indeed, in the absence of all transparency, an award to an undertaking located in the Member State in which the award procedure takes place, amounts to a difference in treatment which operates mainly to the detriment of all undertakings which might be interested but which are located in other Member States, since those undertakings have had no real opportunity of expressing their interest, and that difference in treatment amounts, in principle, to indirect discrimination on grounds of nationality, which is, in principle, prohibited by Article 56 TFEU (see, to that effect, inter alia, judgments in Coname, C‑231/03, EU:C:2005:487, paragraphs 17 to 19, and Belgacom, C‑221/12, EU:C:2013:736, paragraph 37 and the case-law cited).