Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/17/2022

Subject: According to the Court, EU law precludes national legislation which requires publicising of any information communicated by tenderers with the sole exception of trade secrets, since such legislation is likely to prevent the contracting authority from deciding not to disclose certain information which, while it does not constitute a trade secret, should remain inaccessible. However, the protection of confidentiality in the field of public procurement must be weighed against the requirements of transparency and effective judicial protection

Parties: ANTEA POLSKA e a

Classification: Justice - Art. 47 Right to an effective remedy before a tribunal

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