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(Public contracts - Directive 89/665/EEC - Review procedures concerning the award of public contracts - Power of the body responsible for review procedures to consider infringements of its own motion - Directive 93/36/EEC- Procedures for the award of public supply contracts - Selection criteria - Award criteria)
REFERENCE to the Court under Article 234 EC by the Bundesvergabeamt (Austria) for a preliminary ruling in the proceedings pending before that court between Gesellschaft f�r Abfallentsorgungs-Technik GmbH (GAT)
composed of: J.-P. Puissochet, President of the Chamber, R. Schintgen (Rapporteur), V. Skouris, F. Macken and J.N. Cunha Rodrigues, Judges, Advocate General: L.A. Geelhoed, Registrar: R. Grass,
after considering the written observations submitted on behalf of: - Gesellschaft f�r Abfallentsorgungs-Technik GmbH (GAT), by S. Korn, Universit�tsassistent, - the Austrian Government, by M. Fruhmann, acting as Agent, - the Commission of the European Communities, by M. Nolin, acting as Agent, assisted by R. Roniger, Rechtsanwalt, having regard to the report of the Judge-Rapporteur,
Contracts shall be awarded on the basis of the criteria laid down in Chapter 3 of this Title, taking into account Article 16, after the suitability of the suppliers not excluded under Article 20 has been checked by the contracting authorities in accordance with the criteria of economic and financial standing and of technical capacity referred to in Articles 22, 23 and 24.
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