Judgment_paragraph 25 · MT Højgaard A/S and Züblin A/S v Banedanmark (C-396/14)

25As regards the criterion of independence, a criterion which Teleklagenævnet (the Telecommunications Complaints Board) did not meet, as held by the Court in the judgment of 9 October 2014, TDC (C‑222/13, EU:C:2014:2265), to which the Danish Government draws attention, it is clear, first, that, unlike that other complaints board, Klagenævnet for Udbud (the Public Procurement Complaints Board) is not a party in cases brought before the ordinary courts against its decisions. It follows that it acts as a third party in relation to the parties to the proceedings, in particular in relation to the authority that adopted the decision against which a complaint is brought before it.