The EU Court of Justice in its ruling of 22 October 2024 in case C-652/22 stated that in the absence of an international agreement concluded between the European Union and a third country in the field of public procurement, the economic operators of that third country may not rely on the provisions of the relevant Directive in this matter to request to participate in a procedure for the award of a public contract in the Union on an equal footing with tenderers from Member States or third countries bound by such an agreement. Furthermore, in light of the exclusive competence of the Union in the area of the common commercial policy, national authorities are not permitted to apply, to economic operators from third countries which have not concluded such an international agreement with the Union, the national provisions transposing the rules contained in that directive.
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