88Lastly, since they lay down special conditions relating to the performance of a contract, they appear to be linked to the subject matter of the contract and they are indicated in the call for competition or in the procurement documents, those requirements, which include innovation-related and environmental considerations, may also fall within the scope of ‘conditions for performance of the contract’, within the meaning of Article 70 of Directive 2014/24, provided that it is apparent from the tender documentation that they are imposed as conditions with which the successful tenderer must comply when performing the contract, which it is for the referring court to verify.
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