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2.

In the case of contracts intended to cover an activity which is subject to this Directive and another which is: covered by Article 346 TFEU; or subject to Directive 2009/81/EC, the contracting entity may: award a contract without applying this Directive in the cases set out under point (a); or 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 · Text as consolidated on 2026-01-01; changes after this date are not shown.