Question juridique clé
Whether limiting the number of bidders in a selective procurement procedure may be based on free discretion rather than objective criteria.
Solution extraite
A bidder limit under § 7 Abs. 2 SubmD is permissible only if it rests on objective and comprehensible reasons; selection by free discretion is not allowed.
Motifs extraits
The court distinguished selective from open procedure and held that participant reduction for efficiency must be justified by objective, reviewable grounds.