… In paragraph 73 of that judgment, the Court interpreted the expression ‘
independent
review body’, within the meaning of the second subparagraph of
Article
2a(2) of Directive 89/665, as referring to an
independent
and
impartial
tribunal previously established by law, within the meaning of
Article
47
of the
Charter
. …
… In that context, observance of the right of such a tenderer to effective judicial protection requires that the body ruling on the lawfulness of the exclusion of that tenderer be an
independent
and
impartial
tribunal previously established by law, within the meaning of
Article
47
of the
Charter
.
68 However, those considerations do not apply with respect to the review body of first instance referred to in Article 2(3) of Directive 89/665. …
… However, that latter body cannot be considered to be a court or tribunal.
30 Consequently, if, as is apparent from the judgment of 21 December 2021, Randstad Italia (C-497/20, EU:C:2021:1037, paragraph 73), it should be held that the
independent
review body, under
Article
2(3) or
Article
2a(2) of Directive 89/665, must be a court or tribunal for the purposes of
Article
47
of the
Charter
, the Czech legislation which allows a public contract to be concluded immediately after the decision of the President …