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… The right to rely on the principle of the of legitimate expectations extends only to a person in a situation in which an administrative authority has caused that person to entertain expectations which are justified by precise unconditional and consistent assurances provided to him or her and originating from authorised, reliable sources. …

… or which unduly restrict the access of economic operators to public contracts and which are not proportionate to the subject matter, value, complexity, quantity or scope of the public contract. …’ 14 In accordance with Article 59 of that law: ‘(1) The contracting authority may lay down criteria for candidates or tenderers in relation to: … 3. technical and professional ability. (2) Contracting authorities may apply to candidates or tenderers only the selection criteria set out in this …

… European Union (TFEU), and in particular the principles of free movement of goods, freedom of establishment, freedom to provide services and mutual recognition, as well as the principles deriving therefrom: 1. equality and prohibition of all discrimination; 2. free competition; 3. proportionality; 4. publicity and transparency. (2) In the award of public contracts, contracting authorities shall not be empowered to restrict competition by imposing conditions or requirements which result in an undue …

… Third, it must confer a on the recipient. Fourth, it must distort or threaten to distort competition. (see, inter alia, judgment of 6 March 2018, Commission v FIH Holding and FIH Erhvervsbank, C-579/16 P, EU:C:2018:159, paragraph 43 and the case-law cited). …

… of the is therefore capable of justifying a restriction on the use of the right to property (judgment of 15 January 2013, Križan and Others, C-416/10, EU:C:2013:8, paragraph 114 and the case-law cited). 35 Second, it does not appear, subject to any review by the referring court in this respect, that measures such as those at issue in the main proceedings, thus taken for the purposes of nature and the , under the ‘Birds’ Directive and the ‘Habitats’ Directive …

… of the is one of those objectives of general interest (see, to that effect, judgment of 9 March 2010, ERG and Others, C-379/08 and C-380/08, EU:C:2010:127, paragraph 81 and the case-law cited). …

… Third, it must confer a on the recipient. …

… In those circumstances, the Romanian State intervened by granting those companies guaranteed access to the transmission systems and priority access with the obligation to purchase ancillary services. 27 Fondul Proprietatea considers that those measures confer on those two companies a economic financed through State resources to the detriment of other electricity generators on the market. …

… on the recipient electricity generators in comparison with their competitors, an which they would not have obtained under normal market conditions. …

… In the present case, the restriction of the right to property follows from the Birds Directive and pursues an objective in the general interest, namely the interest in the . Furthermore, no compensation is provided for in that directive. …

… Third, it must confer a on the recipient. Fourth, it must distort, or threaten to distort, competition. (20) In addition, the concept of ‘State aid’ is an objective legal concept. The Court has consistently held that Article 107(1) TFEU does not distinguish between measures of State intervention by reference to their causes or their aims but defines them according to their effects. (21) 38. …

… Nor is that compensation , moreover, since the beneficiaries are not in a comparable situation with that of persons whose sites have not been designated as protected sites. …

… Department under the Ministry of , Lithuania) (‘the contracting authority’) and relates to the decision of that department to exclude Sanresa from a public procurement procedure. …

… Contracting authorities may decide not to award a contract to the tenderer submitting the most economically tender where they have established that the tender does not comply with the applicable obligations referred to in Article 18(2).’ 7 Article 58 of that directive, which is headed ‘ criteria’, provides: ‘1. Selection criteria may relate to: (a) suitability to pursue the professional activity; (b) economic and financial standing; (c) technical and professional ability. …

… 70 of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ 2014 L 94, p. 65), and of Articles 2(35), 3 to 7, 9 and 17 of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ 2006 L 190, p. 1). 2 The request has been made in proceedings between ‘Sanresa’ UAB and the Aplinkos apsaugos departamentas prie Aplinkos ministerijos (Environmental …

… Third, it must confer a on the recipient. Fourth, it must distort or threaten to distort competition (judgment of 21 December 2016, Commission v World Duty Free Group and Others, C-20/15 P and C-21/15 P, EU:C:2016:981, paragraph 53). …

… It states that, since 2005, it has conducted annual ‘litter collection’ events, aimed at the Danish by retrieving littered waste and that, since 2008, it has focused on the retrieval and collection of empty cans and has collected more than 1.6 million of these. …

… It merely ensured, on the basis of the purpose and general scheme of that measure, that the alleged losses of resources were not in reality a means of granting a particular to the undertakings concerned (judgment of 17 March 1993, Sloman Neptun, C-72/91 and C-73/91, EU:C:1993:97, paragraph 21). 102 Secondly, the fact that the non-collection of the VAT on the deposit may lead to a to its recipients, even if it were to be established, is ineffective, since, first, the …

… At the same time, in the digital , it is particularly easy to make a copy, of perfect quality, of the data in a database at negligible cost and thus to derive an undue profit from the efforts of others. A mechanism for has thus been established in EU law. 2. Databases may admittedly, in the laws of the Member States, be protected by copyright. However, that protection normally requires a certain degree of originality in the or the layout of the data. …

… In the family of intellectual property rights, the sui generis right to of databases is one of the youngest members. Its introduction relates to digitisation and to the arrival of the internet. The exponential increase in the quantity of information available as a consequence of digitisation has made it particularly useful, and therefore economically , to arrange that information in databases that may be consulted online. …

… That is afforded only to national producers of RES-E, which would appear to receive more favourable treatment than importers of electricity (be it RES-E or conventional power) and than national producers of conventional electricity. At first sight, then, this would appear to be a . (104) 165. …

… What is more, the purely national nature of the Italian scheme to support the production of RES-E does not prevent that mechanism from being able to help safeguard the general interests of preserving the and the health and life of humans, animals and plants. 84. …

… Any endorsement of the support scheme by Directive 2009/28 serves to promote the of the and of the health of humans, animals and plants. In so far as it complies with the requirements of that directive, therefore, the aid may be regarded as being compatible with Article 107(3) TFEU. 177. …

… I therefore consider that it makes sense not to understand the criterion of as an absolute limit for the purposes of the derogation allowed under Article 9(1)(c) of the Birds Directive. On the contrary, it is necessary to examine whether the by-catch of bird species and its consequences are disproportionate to the recognised successes and of the method of capture. 61. …

… OPINION OF ADVOCATE GENERAL KOKOTT delivered on 19 November 2020 (1) Case C-900/19 Association One Voice, Ligue pour la des oiseaux v Ministre de la Transition écologique et solidaire, Other party: Fédération nationale des Chasseurs (Request for a preliminary ruling from the Conseil d’État (Council of State, France)) (Request for a preliminary ruling - - Directive 2009/147 - Conservation of wild birds - Authorisation of a traditional hunting method - Judicious use - Alternatives …

… Understood in this way, the criterion of fits in with the characteristics of the derogation allowed under Article 9(1)(c) of the Birds Directive that have already been discussed. 63. A balancing of interests is necessary in particular for the purpose of examining whether there is another satisfactory solution, as the alternatives tend to be solutions which achieve the objective of the hunting method investigated to a lesser extent. …

… with a view to the and, as the case may be, guaranteeing the supply of electricity. …

… The assessment of the effects (or impact) of certain ‘projects’ or certain ‘plans and programmes’ on the is one of the key instruments of EU law for attaining a high level of of the . 2. …

… A pro- interpretation of the SEA Directive is also justified by primary legislation: - Pursuant to Article 191(2) TFEU (successor to Article 174(2) EC), Union policy on the is to aim at a ‘high level of ’, taking into account the diversity of situations in the various regions of the Union. - Article 3(3) TEU provides that the Union works in particular for a ‘high level of and improvement of the quality of the ’. (37) 72. …