Judgment_paragraph 40 · Rad Service Srl Unipersonale and Others v Del Debbio SpA and Others (C-210/20)

40The principle of proportionality requires the contracting authority to carry out a specific and individual assessment of the conduct of the entity concerned on the basis of all the relevant factors (see, by analogy, judgments of 13 December 2012, Forposta and ABC Direct Contact, C‑465/11, EU:C:2012:801, paragraph 31, and of 3 October 2019, Delta Antrepriză de Construcţii şi Montaj 93, C‑267/18, EU:C:2019:826, paragraph 29). 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 (see, to that effect, judgment of 30 January 2020, Tim, C‑395/18, EU:C:2020:58, paragraph 52).