TITLE II

RULES ON PUBLIC CONTRACTS
CHAPTER IV

Contract performance

Termination of contracts
Article 73
Member States shall ensure that contracting authorities have the possibility, at least under the following circumstances and under the conditions determined by the applicable national law, to terminate a public contract during its term, where:
1. the contract has been subject to a substantial modification, which would have required a new procurement procedure pursuant to Article 72;
2. the contractor has, at the time of contract award, been in one of the situations referred to in Article 57(1) and should therefore have been excluded from the procurement procedure;
3. the contract should not have been awarded to the contractor in view of a serious infringement of the obligations under the Treaties and this Directive that has been declared by the Court of Justice of the European Union in a procedure pursuant to Article 258 TFEU.