The Requirement to Obtain Consent from the Relevant Authorities Constitutes a Contract Performance Condition • Case C-295/20 Sanresa

Abstract

On 8 July 2021, the Court of Justice of the European Union (‘the Court’) delivered its judgment concerning the interpretation of Articles 18, 58 and 70 of the Directive 2014/24/EU (‘the Directive’)1 following the questions referred by the Lietuvos Aukščiausiasis Teismas (‘the Supreme Court of Lithuania’). In the proceedings before the national courts, Sanresa UAB (‘Sanresa’) was seeking the annulment of the decision of Aplinkos apsaugos departamentas prie Aplinkos ministerijos (‘the Environmental Protection Department under the Ministry of Environment, Lithuania’, or ‘the Department’) to reject its tender on the grounds that it had failed to demonstrate it possesses the right to carry out the subject matter of the public contract.