Judgment_paragraph 22 · Tecnoedi Costruzioni Srl v Comune di Fossano (C-318/15)

22It must be stressed, in that regard, that a conclusion that there is certain cross-border interest cannot be inferred hypothetically from certain factors which, considered in the abstract, could constitute evidence to that effect, but must be the positive outcome of a specific assessment of the circumstances of the contract at issue. More particularly, the referring court may not merely submit to the Court of Justice evidence showing that certain cross-border interest cannot be ruled out but must, on the contrary provide information capable of proving that it exists.

Tecnoedi Costruzioni Srl v Comune di Fossano (C-318/15)

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