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Article 23 › 2

In the case of contracts intended to cover an activity which is subject to this Directive and another which is: (a) covered by Article 346 TFEU; or (b) subject to Directive 2009/81/EC, the contracting entity may: (i) award a contract without applying this Directive in the cases set out under point (a); or (ii) award a contract either in accordance with this Directive or in accordance with Directive 2009/81/EC, in the cases set out under point (b). The first subparagraph of this paragraph is without prejudice to the thresholds and exclusions provided for by Directive 2009/81/EC.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04