Where the provision of a service may have implications for public health, health and safety in the workplace, the environment, a Member State’s cultural heritage or any other vital consideration which falls outside the purely commercial, it is reasonable for Member States to apply non-commercial criteria as an aspect of their selection procedure, provided in all cases that these are non-discriminatory and in keeping with the Treaty.
Where the provision of a service may have implications for public health, health and safety in the workplace, the environment, a Member State’s cultural heritage or any other vital consideration which falls outside the purely commercial, it is reasonable for Member States to apply non-commercial criteria as an aspect of their selection procedure, provided in all cases that these are non-discriminatory and in keeping with the Treaty.