Judgment_paragraph 143 · 'Klaipėdos regiono atliekų tvarkymo centras' v UAB (C-927/19)

143If the right to an effective remedy – as guaranteed, in relation to public procurement, by the fourth subparagraph of Article 1(1) and Article 1(3) of Directive 89/665 and by Article 47 of the Charter – is not to be disregarded, a decision by which a contracting authority refuses, even implicitly, to exclude an economic operator from a procurement procedure on one of the non-compulsory grounds for exclusion laid down in Article 57(4) of Directive 2014/24 must necessarily be capable of being challenged by any person having or having had an interest in obtaining a specific contract or having been or at risk of being harmed by a breach of that provision.

'Klaipėdos regiono atliekų tvarkymo centras' v UAB (C-927/19)

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