Is any violation of competition laws automatic grounds for exclusion?
The facts of the case: Generali was ordered to pay a fine in 2006 for carrying out vertical agreements with various authorised automobile dealers in Hungary. This verdict was confirmed by the Hungarian Supreme Court. Generali took part in a tendering process in 2011 and was excluded because it had, as confirmed by a legally binding sentence, breached a national competition law. This breach forms grounds for exclusion from tenders, as stipulated by the Hungarian procurement law. This aspect of the procurement law was explicitly referred to in the tender itself.