157The principle of proportionality requires the contracting authority to carry out a specific and individual assessment of the conduct of the entity concerned. On that basis, the contracting authority must have regard to the means available to the tenderer for establishing whether there was a failure on the part of the entity on whose capacities it intended to rely (judgment of 3 June 2021, Rad Service and Others, C‑210/20, EU:C:2021:445, paragraph 40).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.