66First, whilst noting that there is ‘considerable legal uncertainty as to how far contracts concluded between entities in the public sector should be covered by public procurement rules’ and that it is therefore necessary to provide clarification in this regard, Directive 2014/24 states, in recital 31, that such clarification should be guided by the principles set out in the relevant case-law of the Court of Justice. It follows that the EU legislature did not intend to call into question the Court’s case-law on this point.
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