… 1(1) of Directive 89/665, it is the latter directive which lays down the rules with which Member States are required to comply in order to ensure that decisions taken by contracting authorities can be reviewed effectively.
63 It should be borne in mind, first, that Directive 89/665 is intended to ensure full respect for the right to an effective remedy and to have access to an
independent
and
impartial
tribunal, enshrined in the first and second paragraphs of
Article
47
of the
Charter
of Fundamental …
… of the conditions laid down in
Article
43 of that directive. …
… (see, to that effect, judgment of 12 May 2022, Comune di Lerici, C-719/20, EU:C:2022:372, paragraphs 41 and 43).
56 That requirement, which, under
Article
43(1)(d)(ii) of Directive 2014/23, must be regarded as also applying to concessions, is, however, explained by the fact that, although a concession was initially the subject of an in-house award, within the meaning set out in paragraphs
47
and 48 of the present judgment, following a procedure not based on qualitative selection criteria such as …