# C_2022482EN.01001101.xml

| 19.12.2022 | EN | Official Journal of the European Union | C 482/11 |
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19.12.2022

EN

Official Journal of the European Union

C 482/11

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Request for a preliminary ruling from the Visoki upravni sud Republike Hrvatske (Croatia) lodged on 18 October 2022 — Kolin Inşaat Turizm Sanayi ve Ticaret A.Ș. v Državna komisija za kontrolu postupaka javne nabave

(Case C-652/22)

(2022/C 482/16)

Language of the case: Croatian

Referring court

Visoki upravni sud Republike Hrvatske

Parties to the main proceedings

Applicant: Kolin Inşaat Turizm Sanayi ve Ticaret A.Ș.

Defendant: Državna komisija za kontrolu postupaka javne nabave

Questions referred

| 1. | Does Article 76 of Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC, (1) read in conjunction with Article 36 of that directive, permit the contracting entity to take into account documents that the tenderer provided for the first time after the time limit for the submission of tenders, where those documents were not included in the original tender and demonstrate circumstances that the tenderer did not indicate in the original tender? |
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1.

Does Article 76 of Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC, (1) read in conjunction with Article 36 of that directive, permit the contracting entity to take into account documents that the tenderer provided for the first time after the time limit for the submission of tenders, where those documents were not included in the original tender and demonstrate circumstances that the tenderer did not indicate in the original tender?

| 2. | If the answer to the first question is in the affirmative, must Article 76 of Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC, read in conjunction with Article 36 of that directive, be interpreted as precluding the contracting authority from requesting, after the first contract award decision has been set aside and the case has been referred back to the contracting entity for a re-examination and re-evaluation of the tenders, additional documents from the contractor demonstrating compliance with the conditions for participation in the public procurement procedure that were not included in the original tender, such as a list of works carried out supplemented by a reference that was not included in the original list of works, that is to say, a reference that was not part of the original tender? |
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2.

If the answer to the first question is in the affirmative, must Article 76 of Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC, read in conjunction with Article 36 of that directive, be interpreted as precluding the contracting authority from requesting, after the first contract award decision has been set aside and the case has been referred back to the contracting entity for a re-examination and re-evaluation of the tenders, additional documents from the contractor demonstrating compliance with the conditions for participation in the public procurement procedure that were not included in the original tender, such as a list of works carried out supplemented by a reference that was not included in the original list of works, that is to say, a reference that was not part of the original tender?

| 3. | Must Article 76 of Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC, read in conjunction with Article 36 of that directive, be interpreted as precluding a contractor from providing to the contracting entity, after the first contract award decision has been set aside and the case has been referred back to the contracting entity for a re-examination and re-evaluation of the tenders, documents demonstrating compliance with the conditions for participation in the public procurement procedure that were not included in the original tender, such as a list of works carried out supplemented by a reference that was not included in the original list of works, that is to say, a reference that was not part of the original tender? |
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3.

Must Article 76 of Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC, read in conjunction with Article 36 of that directive, be interpreted as precluding a contractor from providing to the contracting entity, after the first contract award decision has been set aside and the case has been referred back to the contracting entity for a re-examination and re-evaluation of the tenders, documents demonstrating compliance with the conditions for participation in the public procurement procedure that were not included in the original tender, such as a list of works carried out supplemented by a reference that was not included in the original list of works, that is to say, a reference that was not part of the original tender?

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(1)  OJ 2014 L 94, p. 243.

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