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related undertaking

as defined in Directive 2009/81/EC of the European Parliament and of the Council of 13 July…, Article 1, point (23) (Definitions)

any undertaking over which the successful tenderer can exert a dominant influence, whether directly or indirectly, or any undertaking which can exert a dominant influence on the successful tenderer or which, as the successful tenderer, is subject to the dominant influence of another undertaking as a result of ownership, financial participation or the rules which govern it. A dominant influence on the part of the undertaking is presumed when, directly or indirectly in relation to another undertaking, it: — holds a majority of the undertaking’s subscribed capital, — controls a majority of the votes attached to the shares issued by the undertaking, or, — is entitled to appoint more than half of the undertaking’s administrative, management or supervisory bodies,

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