39Secondly, the relevance, in the light of the principle of proportionality, of the interpretation of the third sentence of the second subparagraph of Article 63(1) of Directive 2014/24, referred to in paragraph 33 of the present judgment, is also apparent from the third paragraph of recital 101 of that directive, according to which, when applying facultative grounds for exclusion, contracting authorities must pay particular attention to that principle. That attention must be even greater in the case where the exclusion provided for by national legislation is imposed on the tenderer not for a failure attributable to it, but for a failure committed by an entity on whose capacities the tenderer intends to rely and over which it has no power of review (see, to that effect, judgment of 30 January 2020, Tim, C‑395/18, EU:C:2020:58, paragraph 48).
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