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… of the Concessions Directive Proposal is the need to address the precise content of the obligations of transparency and non-discrimination. 50 47 Privater Rettungsdienst (n1) para 37. 48 Telaustria (n30) paras 61-62. 49 Case C-203/08 Sporting Exchange Ltd [2010] ECR I-04695, AG Bot, para 144 and case-law there cited. 50 COM (2011) 897 final (n3) 3. Page 15 of 31 The proposed directive addresses these shortcomings by providing specific publication and procedural requirements regarding the … The fact that the lower threshold of €2,500,000 is explicitly excluded for social services might indicate the EU legislature’s intention to definitely exclude such services due to their low cross-border interest. However, as the Court held in Sporting Exchange in the context of gaming licences, ‘the obligation of transparency appears to be a mandatory prior condition [...] irrespective of the method of 84 COM (2011) 897 final (n3) art 17. Page 25 of 31 selecting that operator’ because of the … the change has no impact on the tenderers involved. 88 It is submitted that, while this would seem like a pragmatic approach especially since negotiations may provide CAEs with greater clarity as to innovative solutions being proffered by 85 Sporting Exchange (n49) para 47. 86 Committee of the Regions Opinion (n45) 89. 87 European Parliament, Committee on the Internal Market and Consumer Protection, ‘Amendments 237-472 to Proposal for a directive’, Draft Report, Philippe Juvin, PE492.669v01-00, 23 …