Joint Venture – Only one ESPD, or one from each partner?

Simplified, that was the question in the case C‑631/21, from det European Court of Justice. The court found that if the Joint Venture did not rely on the competence of one or more of the partners, only an ESPD from the Joint Venture was necessary. If, on the other hand, the Joint Venture needed the capacity of one of its partners to qualify, then the Joint Venture also need to deliver an ESPD from that partner. Even though the case is rooted in directive 2014/24/EU, the case is gives equal guidance to public procurement under directive 2014/25/EU.




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