Question juridique clé
How a tender criterion formulated as 'economically most advantageous offer according to § 26 SubG' must be interpreted.
Solution extraite
A general reference to § 26 SubG means that all criteria listed there must be examined and weighted equally, unless specific weighting or differing criteria were expressly disclosed in the tender.
Motifs extraits
Transparency requires advance disclosure of the award criteria and their weighting. A generic reference to the statute does not permit hidden prioritization; § 26(3) SubG allows deviations only if announced in the tender.