# C_2014409EN.01000602.xml

| 17.11.2014 | EN | Official Journal of the European Union | C 409/6 |
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17.11.2014

EN

Official Journal of the European Union

C 409/6

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Judgment of the Court (Fifth Chamber) of 11 September 2014 (request for a preliminary ruling from the Consiglio di Stato (Italy)) — Ministero dell’Interno v Fastweb SpA

(Case C-19/13) (1)

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((Reference for a preliminary ruling - Public procurement - Directive 89/665/EEC - Article 2d(4) - Interpretation and validity - Procedures for review of the award of public supply and public works contracts - Ineffectiveness of the contract - Exception))

2014/C 409/08

Language of the case: Italian

Referring court

Referring court

Consiglio di Stato

Parties to the main proceedings

Parties to the main proceedings

Applicant: Ministero dell’Interno

Applicant:

Defendant: Fastweb SpA

Defendant:

Intervening party:Telecom Italia SpA

Intervening party:

Operative part of the judgment

Operative part of the judgment

| 1. | On a proper construction of Article 2d(4) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Directive 2007/66/ΕC of the European Parliament and of the Council of 11 December 2007, where a public contract is awarded without prior publication of a contract notice in the Official Journal of the European Union, but that was not permissible under 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, the contract may not be declared ineffective if the conditions laid down in that provision are in fact satisfied, which it is for the referring court to determine. |
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1.

On a proper construction of Article 2d(4) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Directive 2007/66/ΕC of the European Parliament and of the Council of 11 December 2007, where a public contract is awarded without prior publication of a contract notice in the Official Journal of the European Union, but that was not permissible under 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, the contract may not be declared ineffective if the conditions laid down in that provision are in fact satisfied, which it is for the referring court to determine.

Official Journal of the European Union

| 2. | Examination of the second question has not revealed anything which might affect the validity of Article 2d(4) of Directive 89/665, as amended by Directive 2007/66. |
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2.

Examination of the second question has not revealed anything which might affect the validity of Article 2d(4) of Directive 89/665, as amended by Directive 2007/66.

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(1)  OJ C 86, 23.3.2013.

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