EU law does not preclude the highest court in the judicial order of a Member State from being unable to set aside a judgment delivered in breach of EU law by that Member State’s highest administrative court

(Source: Court of Justice of the European Union)

This is without prejudice, however, to the possibility of persons harmed by such a breach claiming compensation from the Member State concerned
Azienda USL Valle d’Aosta (local health agency of the Valle d’Aosta region, Italy) launched a procedure for the purpose of awarding a public contract to an employment agency for the temporary supply of personnel. Randstad Italia SpA (‘Randstad’) was among the tenderers which participated in that procedure. Following the evaluation of technical offers, Randstad was excluded, the marks for its offer having failed to reach the minimum threshold set.

Judgment of the Court of Justice in Case C-497/20

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