Judgment_paragraph 86 · Simonsen & Weel A/S v Region Nordjylland og Region Syddanmark (C-23/20)

86It thus follows from Article 2d(1)(a) of Directive 89/665, read in the light of recitals 13 and 14 of Directive 2007/66, that, when Directive 2007/66 was adopted, the EU legislature intended to introduce into the applicable law a serious penalty, the application of which should however be confined to the most serious cases of infringements of EU law on public procurement, namely those in which a contract is awarded directly without having been the subject of any prior publication of a contract notice in the Official Journal of the European Union.