109Furthermore, the argument that a broader interpretation of the concept of ‘manufacturer’ is necessary because, under certain EU directives on consumer protection, and in particular Article 1(2)(d) of Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ 1999 L 171, p. 12) and Article 2(4) of Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ 2019 L 136, p. 28), the concept of ‘producer’ is to be understood as including the operator who merely markets the product, placing its name on it, without having materially participated in the construction process, must also be disregarded. That legislation seeks in particular to ensure the protection of consumers, as is apparent from Article 1(1) of Directive 1999/44 and Article 1 of Directive 2019/771, and is therefore not relevant for the purposes of interpreting EU public procurement legislation.
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