# C_2022024EN.01001801.xml

| 17.1.2022 | EN | Official Journal of the European Union | C 24/18 |
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17.1.2022

EN

Official Journal of the European Union

C 24/18

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Request for a preliminary ruling from the Gerechtshof’s-Hertogenbosch (Netherlands) lodged on 14 October 2021 — Taxi Horn Tours BV v Gemeente Weert, Gemeente Nederweert, Touringcars VOF

(Case C-631/21)

(2022/C 24/24)

Language of the case: Dutch

Referring court

Gerechtshof’s-Hertogenbosch

Parties to the main proceedings

Appellant: Taxi Horn Tours BV

Respondents: Gemeente Weert, Gemeente Nederweert, Touringcars VOF

Questions referred

| 1. | If collaborating persons (natural persons and/or legal persons) operate a joint undertaking (in this case in the form of a general partnership):






  — | must each of the collaborating persons then submit a separate European Single Procurement Document; or |
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1.

If collaborating persons (natural persons and/or legal persons) operate a joint undertaking (in this case in the form of a general partnership):

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must each of the collaborating persons then submit a separate European Single Procurement Document; or

| — | must each of the collaborating persons and their joint undertaking then submit a separate European Single Procurement Document; or |
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must each of the collaborating persons and their joint undertaking then submit a separate European Single Procurement Document; or

| — | does only the joint undertaking need to submit one European Single Procurement Document? |
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does only the joint undertaking need to submit one European Single Procurement Document?

| 2. | Does it make a difference in this regard:






  — | whether the joint undertaking is temporary or not temporary (enduring); |
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2.

Does it make a difference in this regard:

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whether the joint undertaking is temporary or not temporary (enduring);

| — | that the collaborating persons are themselves economic operators; |
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that the collaborating persons are themselves economic operators;

| — | that the collaborating persons operate their own undertakings which are similar to the joint undertaking, or at least are active in the same market; |
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that the collaborating persons operate their own undertakings which are similar to the joint undertaking, or at least are active in the same market;

| — | that the joint undertaking is not a legal person; |
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that the joint undertaking is not a legal person;

| — | that the joint undertaking may have (recoverable) assets that are separate (from the assets of the partners); |
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that the joint undertaking may have (recoverable) assets that are separate (from the assets of the partners);

| — | whether the joint undertaking has the authority under national law to represent the collaborating persons in answering the questions of the European Single Procurement Document; |
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whether the joint undertaking has the authority under national law to represent the collaborating persons in answering the questions of the European Single Procurement Document;

| — | that under national law, in the case of a general partnership, it is the partners who assume the obligations arising from the contract and are jointly and severally liable for fulfilling them (and not therefore the general partnership itself)? |
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that under national law, in the case of a general partnership, it is the partners who assume the obligations arising from the contract and are jointly and severally liable for fulfilling them (and not therefore the general partnership itself)?

| 3. | If several of the factors mentioned under 2 are significant, how do they relate to each other? Are certain factors more significant than other factors or even of decisive significance? |
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3.

If several of the factors mentioned under 2 are significant, how do they relate to each other? Are certain factors more significant than other factors or even of decisive significance?

| 4. | Is it correct that, in the case of a joint undertaking, a separate European Single Procurement Document is in any event required from a collaborating person if the execution of the contract will (also) involve the use of resources that belong to that person’s own undertaking (such as staff and business assets)? |
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4.

Is it correct that, in the case of a joint undertaking, a separate European Single Procurement Document is in any event required from a collaborating person if the execution of the contract will (also) involve the use of resources that belong to that person’s own undertaking (such as staff and business assets)?

| 5. | Does the joint undertaking have to meet certain requirements in order to be considered a single economic operator? If so, what are those requirements? |
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5.

Does the joint undertaking have to meet certain requirements in order to be considered a single economic operator? If so, what are those requirements?

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