# C_2014315EN.01001401.xml

| 15.9.2014 | EN | Official Journal of the European Union | C 315/14 |
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15.9.2014

EN

Official Journal of the European Union

C 315/14

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Judgment of the Court (Second Chamber) of 10 July 2014 (request for a preliminary ruling from the Consiglio di Stato (Italy)) — Impresa Pizzarotti & C. SpA v Comune di Bari, Giunta comunale di Bari and Consiglio comunale di Bari

(Case C-213/13) (1)

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((Reference for a preliminary ruling - Public works contracts - Directive 93/37/EEC - ‘Undertaking to let’ buildings which have not yet been constructed - Decision of a national court having the authority of res judicata - Scope of the principle of res judicata in the event of a situation which is incompatible with EU law))

2014/C 315/20

Language of the case: Italian

Referring court

Referring court

Consiglio di Stato

Parties to the main proceedings

Parties to the main proceedings

Applicant: Impresa Pizzarotti & C. SpA

Applicant:

Defendants: Comune di Bari, Giunta comunale di Bari and Consiglio comunale di Bari

Defendants:

Intervening parties: Complesso Residenziale Bari 2 Srl, Commissione di manutenzione della Corte d’appello di Bari, Giuseppe Albenzio, acting as Commissario ad acta, Ministero della Giustizia and Regione Puglia

Intervening parties:

Commissario ad acta

Operative part of the judgment

Operative part of the judgment

| 1. | On a proper construction of Article 1(a) of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts, where the main object of a contract is the execution of a work corresponding to the requirements expressed by the contracting authority, that contract constitutes a public works contract and is not, therefore, covered by the exclusion referred to in Article 1(a)(iii) of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, even if it contains an undertaking to let the work in question. |
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1.

On a proper construction of Article 1(a) of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts, where the main object of a contract is the execution of a work corresponding to the requirements expressed by the contracting authority, that contract constitutes a public works contract and is not, therefore, covered by the exclusion referred to in Article 1(a)(iii) of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, even if it contains an undertaking to let the work in question.

| 2. | To the extent that it is authorised to do so by the applicable domestic rules of procedure, a national court — such as the referring court — which has given a ruling at last instance, without a reference having first been made to the Court of Justice of the European Union under Article 267 TFEU, that has led to a situation which is incompatible with the EU legislation on public works contracts must either supplement or go back on that definitive ruling so as to take into account any interpretation of that legislation provided by the Court subsequently. |
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2.

To the extent that it is authorised to do so by the applicable domestic rules of procedure, a national court — such as the referring court — which has given a ruling at last instance, without a reference having first been made to the Court of Justice of the European Union under Article 267 TFEU, that has led to a situation which is incompatible with the EU legislation on public works contracts must either supplement or go back on that definitive ruling so as to take into account any interpretation of that legislation provided by the Court subsequently.

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(1)  OJ C 207, 20.7.2013.

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