# C_2014235EN.01000502.xml

| 21.7.2014 | EN | Official Journal of the European Union | C 235/5 |
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21.7.2014

EN

Official Journal of the European Union

C 235/5

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Request for a preliminary ruling from the Tribunal Català de Contractes del Sector Públic (Spain) lodged on 23 April 2014 — Consorci Sanitari del Maresme v Corporació de Salut del Maresme i la Selva

(Case C-203/14)

2014/C 235/07

Language of the case: Spanish

Referring court

Referring court

Tribunal Català de Contractes del Sector Públic

Parties to the main proceedings

Parties to the main proceedings

Applicant: Consorci Sanitari del Maresme

Applicant:

Defendant: Corporació de Salut del Maresme i la Selva

Defendant:

Questions referred

Questions referred

| 1) | For the purposes of Directive 2004/18/EC (1) of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, must public administrations be regarded as public entities? |
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1)

For the purposes of Directive 2004/18/EC (1) of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, must public administrations be regarded as public entities?

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| 2) | If so, for the purposes of Directive 2004/18/EC of 31 March 2004, must public administrations be regarded as economic operators and accordingly as being permitted to participate in public tendering procedures? |
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2)

If so, for the purposes of Directive 2004/18/EC of 31 March 2004, must public administrations be regarded as economic operators and accordingly as being permitted to participate in public tendering procedures?

| 3) | If so, for the purposes of Directive 2004/18/EC of 31 March 2004, may and must public administrations be included in the official lists of approved contractors, suppliers or service providers or be certified by certification bodies established under public or private law, known under Spanish national law as a business classification system? |
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3)

If so, for the purposes of Directive 2004/18/EC of 31 March 2004, may and must public administrations be included in the official lists of approved contractors, suppliers or service providers or be certified by certification bodies established under public or private law, known under Spanish national law as a business classification system?

| 4) | For the purposes of Directive 2004/18/EC of 31 March 2004, has Royal Legislative Decree 3/2011 of 14 November 2011 adopting the consolidated text of the Law on Public Sector Contracts incorrectly transposed that directive into Spanish law and, if that is the case, has the Spanish legislature, through Articles 62 and 65 of Royal Legislative Decree 3/2011 of 14 November 2011, limited the access of public administrations to the business classification registers? |
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4)

For the purposes of Directive 2004/18/EC of 31 March 2004, has Royal Legislative Decree 3/2011 of 14 November 2011 adopting the consolidated text of the Law on Public Sector Contracts incorrectly transposed that directive into Spanish law and, if that is the case, has the Spanish legislature, through Articles 62 and 65 of Royal Legislative Decree 3/2011 of 14 November 2011, limited the access of public administrations to the business classification registers?

| 5) | If public administrations may participate in tenders but may not be accepted for business classification — in accordance with Directive 2004/18/EC of 31 March 2004 — by what means may they establish their eligibility to contract? |
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5)

If public administrations may participate in tenders but may not be accepted for business classification — in accordance with Directive 2004/18/EC of 31 March 2004 — by what means may they establish their eligibility to contract?

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(1)  OJ 2004 L 134, p. 114.

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