23Second, as regards whether the referring body’s jurisdiction is compulsory for the purposes of the case-law of the Court concerning Article 267 TFEU, it is true that that body’s jurisdiction is, under Article 40(6) of the consolidated text of the Law on Public Sector Contracts, only optional. Thus, a person who wishes to contest the lawfulness of a public procurement procedure may choose between a special appeal before the referring body and an administrative-law action.
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