The conceding authority may, by way of exception, authorise an economic operator who would be in a case of exclusion provided for in sub-sections 1 and 3 of this section, to participate in the procedure for the award of a concession contract, provided that this is justified by overriding reasons of general interest, that the concession contract in question can only be awarded to this economic operator and that a final judgment of a court of a Member State of the European Union does not expressly exclude the operator concerned from concession contracts.