73In accordance with Article 2a(2) of Directive 89/665, the exclusion of a tenderer is definitive if it has been notified to that tenderer and has been ‘considered lawful’ by an ‘independent review body’ or can no longer be subject to a review procedure. That directive, which seeks to ensure full respect for the right to an effective remedy and to a fair hearing (see, to that effect, judgment of 15 September 2016, Star Storage and Others, C‑439/14 and C‑488/14, EU:C:2016:688, paragraph 45), must be interpreted in the light of the second paragraph of Article 47 of the Charter. In those circumstances, the term ‘independent review body’ within the meaning of Article 2a of that directive must, for the purposes of determining whether the exclusion of a tenderer has become definitive, be understood to mean an independent and impartial tribunal previously established by law, within the meaning of Article 47 of the Charter.
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