# C_2015146EN.01001401.xml

| 4.5.2015 | EN | Official Journal of the European Union | C 146/14 |
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4.5.2015

EN

Official Journal of the European Union

C 146/14

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Request for a preliminary ruling from the Tribunal Central Administrativo Sul (Portugal) lodged on 5 February 2015 — Ambiente e Sistemas de Informação Geográfica Lda. (Ambisig) v AICP — Associação de Industriais do Concelho de Pombal

(Case C-46/15)

(2015/C 146/21)

Language of the case: Portuguese

Referring court

Referring court

Tribunal Central Administrativo Sul

Parties to the main proceedings

Parties to the main proceedings

Applicant: Ambiente e Sistemas de Informação Geográfica Lda. (Ambisig)

Applicant:

Defendant: AICP — Associação de Industriais do Concelho de Pombal

Defendant:

Other party: Indice — ICT & Management, Lda

Other party:

Questions referred

Questions referred

| 1. | Since Portuguese legislation does not regulate the matters covered by Article 48(2)(a)(ii), second indent, of Directive 2004/18/EC (1) of the European Parliament and of the Council of 31 March 2004, is that provision directly applicable in the Portuguese legal order in the sense that it confers on individuals a right that they may assert against contracting authorities? |
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1.

Since Portuguese legislation does not regulate the matters covered by Article 48(2)(a)(ii), second indent, of Directive 2004/18/EC (1) of the European Parliament and of the Council of 31 March 2004, is that provision directly applicable in the Portuguese legal order in the sense that it confers on individuals a right that they may assert against contracting authorities?

1

| 2. | Must Article 48(2)(a)(ii), second indent, of Directive 2004/18/EC be interpreted to the effect that it precludes the application of rules laid down by a contracting authority which do not allow an economic operator to provide evidence of the provision of services by a declaration signed by that operator, unless the latter proves that it is impossible or very difficult to obtain a declaration from the private purchaser? |
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2.

Must Article 48(2)(a)(ii), second indent, of Directive 2004/18/EC be interpreted to the effect that it precludes the application of rules laid down by a contracting authority which do not allow an economic operator to provide evidence of the provision of services by a declaration signed by that operator, unless the latter proves that it is impossible or very difficult to obtain a declaration from the private purchaser?

| 3. | Must Article 48(2)(a)(ii), second indent, of Directive 2004/18/EC be interpreted to the effect that it precludes the application of rules laid down by the contracting authority, which, on pain of exclusion, require the private purchaser’s declaration to contain authentication of the signature by a notary, lawyer or other competent entity? |
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3.

Must Article 48(2)(a)(ii), second indent, of Directive 2004/18/EC be interpreted to the effect that it precludes the application of rules laid down by the contracting authority, which, on pain of exclusion, require the private purchaser’s declaration to contain authentication of the signature by a notary, lawyer or other competent entity?

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(1)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts.

1

OJ 2004 L 134, p. 114.

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