1. Non-discriminatory selection criteria
a reference to national professional organisations may constitute a breach of the directive (and the Treaty) (C-225/98)

2. Exclusion of tenderers
Lack of financial standing
Lack of capacity/ability

3. The capacity of subsidiaries
The tenderer/candidate may rely on the capability and standing of its subsidiary company (C-389/92)

4. The capacity of a third company
The applicant/tenderer may rely on the capacity and standing of another company, provided the company disposes the necessary resources (C-176/98)

5. Financial standing and capacity
assessed by objective criteria
proven by relevant information

6. Economic and financial standing
The list of evidence in the directive is not exhaustive.
Indemnity insurances, balance sheets, turnover (for a maximum of 3 years).
The existing commitments that the tenderer or applicant is contracted for is a relevant criterion (C-27-29/86).

7. Technical and/or professional capability
The list of evidence is exhaustive on works
a list of principal deliveries or services/works carried out; etc

8. Non-discriminatory selection criteria
a requirement that a contractor from another MS must have an establishment permit in the state where the work is to be carried out is a breach of the directive (and the Treaty) (C-76/81)
a requirement that an architect contractor must have a proof of registration with the association of architects in the state where the contract is to be carried out is an infringement of the directive (C-225/98)

9. Non-discriminatory selection criteria
a reference to national professional organisations may constitute a breach of the directive (and the Treaty) (C-225/98)