The European Court of Justice decided:
Tenderers must be in a position of equality both when they formulate their tenders and when those tenders are being assessed;
All criteria must be expressly mentioned in the contract documents or the tender notice, where possible in descending order of importance, so that operators are in a position to be aware of their existence and scope; and
It is important that potential tenderers are aware of all the features to be taken into account by the contracting authority in identifying the most economically advantageous offer, and, if possible, their relative importance, when they prepare their tenders.