# C_2006143EN.01002302.xml

| 17.6.2006 | EN | Official Journal of the European Union | C 143/23 |
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17.6.2006

EN

Official Journal of the European Union

C 143/23

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Reference for a preliminary ruling from the Consiglio di Stato, Quinta Sezione lodged on 20 March 2006 — SECAP SpA v Comune di Torino

(Case C-147/06)

(2006/C 143/42)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: SECAP SpA

Applicant:

Defendant: Comune di Torino and Others

Defendant:

Question(s) referred

| 1. | Does the rule laid down in Article 30(4) of Directive 93/37/EEC (1) or the similar rule contained in Art. 55(1) and (2) of Directive 2004/18/EC (2) (in cases where that is the relevant provision), that, where tenders appear to be abnormally low in relation to the works, the contracting authority shall, before it may reject those tenders, request, in writing, details of the constituent elements of the tender which it considers relevant and shall verify those constituent elements taking account of the explanations received, constitute a fundamental principle of Community law? |
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1.

Does the rule laid down in Article 30(4) of Directive 93/37/EEC (1) or the similar rule contained in Art. 55(1) and (2) of Directive 2004/18/EC (2) (in cases where that is the relevant provision), that, where tenders appear to be abnormally low in relation to the works, the contracting authority shall, before it may reject those tenders, request, in writing, details of the constituent elements of the tender which it considers relevant and shall verify those constituent elements taking account of the explanations received, constitute a fundamental principle of Community law?

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| 2. | If the answer to the preceding question is in the negative, is the rule established by Art. 30(4) of Directive 93/37/EEC or the similar rule contained in Art. 55(1) and (2) of Directive 2004/18/EC (in cases where that is the relevant provision), according to which, if tenders appear to be abnormally low in relation to the works, the contracting authority shall, before it may reject those tenders, request, in writing, details of the constituent elements of the tender which it considers relevant and shall verify those constituent elements taking account of the explanations received, while not presenting the characteristics of a fundamental principle of Community law, nevertheless an implied consequence of or a principle deriving from the principle of competition, considered in conjunction with the principles of administrative transparency and non-discrimination on grounds of nationality and is it therefore, as such, directly binding, taking precedence over possibly incompatible national provisions adopted by the Member States to regulate public works contracts to which Community law is not directly applicable? |
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2.

If the answer to the preceding question is in the negative, is the rule established by Art. 30(4) of Directive 93/37/EEC or the similar rule contained in Art. 55(1) and (2) of Directive 2004/18/EC (in cases where that is the relevant provision), according to which, if tenders appear to be abnormally low in relation to the works, the contracting authority shall, before it may reject those tenders, request, in writing, details of the constituent elements of the tender which it considers relevant and shall verify those constituent elements taking account of the explanations received, while not presenting the characteristics of a fundamental principle of Community law, nevertheless an implied consequence of or a principle deriving from the principle of competition, considered in conjunction with the principles of administrative transparency and non-discrimination on grounds of nationality and is it therefore, as such, directly binding, taking precedence over possibly incompatible national provisions adopted by the Member States to regulate public works contracts to which Community law is not directly applicable?

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(1)  OJ L 199, p. 54.

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(2)  OJ L 134, p. 114.

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