(Reference for a preliminary ruling– Directive 2014/24

5The first subparagraph of Paragraph13 of Chapter17 of Lagen (2016:1145) om offentlig upphandling (Law No1145 of 2016 on public procurement; ‘the Law on public procurement’), provides that a contract or a framework agreement might be modified with one contractor being replaced by another, without a new procurement, if:

‘(1)the new contractor fully or partially replaces the initial contractor, following corporate restructuring, including takeover, merger, acquisition or insolvency, and

(2)the circumstance that a new contractor fully or partially replaces the initial contractor did not entail other substantial modifications to the contract or framework agreement.’

6According to the referring court, it is apparent from the second subparagraph of Paragraph13 of Chapter17 of that law that such a replacement of the contractor presupposes that the new service provider is not excluded under a ground for exclusion laid down by that law and that it meets the qualification conditions established in the original contract.