# C_2021357EN.01001101.xml

| 6.9.2021 | EN | Official Journal of the European Union | C 357/11 |
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6.9.2021

EN

Official Journal of the European Union

C 357/11

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Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 24 June 2021 — Société de Logement de Service Public (SLSP) ‘Sambre et Biesme’, SCRL v Société wallonne du logement

(Case C-383/21)

(2021/C 357/14)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicant: Société de Logement de Service Public (SLSP) ‘Sambre et Biesme’, SCRL

Defendant: Société wallonne du logement

Questions referred

| 1. | Must Article 12(3) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014, (1) as amended by Commission Delegated Regulation (EU) 2015/2170 of 24 November 2015 (2) on public procurement and repealing Directive 2004/18/EC be interpreted as having direct effect? |
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1.

Must Article 12(3) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014, (1) as amended by Commission Delegated Regulation (EU) 2015/2170 of 24 November 2015 (2) on public procurement and repealing Directive 2004/18/EC be interpreted as having direct effect?

| 2. | If the answer to the first question is in the affirmative, must Article 12(3) of Directive 2014/24/EU be interpreted as meaning that the requirement for a contracting authority, in this case a public service housing company, to be represented on the decision-making bodies of the controlled legal person, in this case an inter-municipal cooperative society, is satisfied solely on the basis that a person who sits on the board of directors of that inter-municipal cooperative society in his or her capacity as a municipal councillor of another participating contracting authority, in this case a municipality, is, due to purely factual circumstances and without any legal guarantee of representation, also a director of the public service housing company, while the municipality is a (non-exclusive) shareholder in both the controlled entity (inter-municipal cooperative society) and the public service housing company? |
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2.

If the answer to the first question is in the affirmative, must Article 12(3) of Directive 2014/24/EU be interpreted as meaning that the requirement for a contracting authority, in this case a public service housing company, to be represented on the decision-making bodies of the controlled legal person, in this case an inter-municipal cooperative society, is satisfied solely on the basis that a person who sits on the board of directors of that inter-municipal cooperative society in his or her capacity as a municipal councillor of another participating contracting authority, in this case a municipality, is, due to purely factual circumstances and without any legal guarantee of representation, also a director of the public service housing company, while the municipality is a (non-exclusive) shareholder in both the controlled entity (inter-municipal cooperative society) and the public service housing company?

| 3. | If the answer to the first question is negative, must it be considered that a contracting authority, in this case a public service housing company, ‘participates’ in the decision-making bodies of the controlled legal person, in this case an inter-municipal cooperative society, solely on the basis that a person who sits on the board of directors of that inter-municipal cooperative society in his or her capacity as a municipal councillor of another participating contracting authority, in this case a municipality, is, due to purely factual circumstances and without any legal guarantee of representation, also a director of the public service housing company, while the municipality is a (non-exclusive) shareholder in both the controlled entity (inter-municipal cooperative society) and the public service housing company? |
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3.

If the answer to the first question is negative, must it be considered that a contracting authority, in this case a public service housing company, ‘participates’ in the decision-making bodies of the controlled legal person, in this case an inter-municipal cooperative society, solely on the basis that a person who sits on the board of directors of that inter-municipal cooperative society in his or her capacity as a municipal councillor of another participating contracting authority, in this case a municipality, is, due to purely factual circumstances and without any legal guarantee of representation, also a director of the public service housing company, while the municipality is a (non-exclusive) shareholder in both the controlled entity (inter-municipal cooperative society) and the public service housing company?

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(1)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ 2014 L 94, p. 65).

(2)  Commission Delegated Regulation (EU) 2015/2170 of 24 November 2015 amending Directive 2014/24/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ 2015 L 307, p. 5).

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