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Unlawful Practices in Requiring Documents as Non-Price Criteria in Catering Tenders and the Lessons to Be Drawn

22 June 2026

Decision E:2026/2724, K:2026/970 of the 13th Chamber of the Council of State establishes that, in catering service tenders including materials, provisions awarding points for documents as non-price criteria are also subject to review for lawfulness. The fact that a document is not a qualification criterion does not in itself mean that the provision is lawful.

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