# C_2016016EN.01000601.xml

| 18.1.2016 | EN | Official Journal of the European Union | C 16/6 |
| --- | --- | --- | --- |

18.1.2016

EN

Official Journal of the European Union

C 16/6

---

Judgment of the Court (Fourth Chamber) of 17 November 2015 (request for a preliminary ruling from the Oberlandesgericht Koblenz — Germany) — RegioPost GmbH & Co. KG v Stadt Landau in der Pfalz

(Case C-115/14) (1)

1

((Reference for a preliminary ruling - Article 56 TFEU - Freedom to provide services - Restrictions - Directive 96/71/EC - Article 3(1) - Directive 2004/18/EC - Article 26 - Public procurement - Postal services - Legislation of a regional entity of a Member State requiring tenderers and their subcontractors to undertake to pay a minimum wage to staff performing the services covered by the public contract))

(2016/C 016/06)

Language of the case: German

Referring court

Referring court

Oberlandesgericht Koblenz

Parties to the main proceedings

Parties to the main proceedings

Appellant: RegioPost GmbH & Co. KG

Appellant:

Respondent: Stadt Landau in der Pfalz

Respondent:

Intervening parties: PostCon Deutschland GmbH, Deutsche Post AG

Intervening parties:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 26 of 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, as amended by Commission Regulation (EU) No 1251/2011 of 30 November 2011, must be interpreted as not precluding legislation of a regional entity of a Member State, such as that at issue in the main proceedings, which requires tenderers and their subcontractors to undertake, by means of a written declaration to be enclosed with their tender, to pay staff who are called upon to perform the services covered by the public contract in question a minimum wage laid down in that legislation. |
| --- | --- |

1.

Article 26 of 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, as amended by Commission Regulation (EU) No 1251/2011 of 30 November 2011, must be interpreted as not precluding legislation of a regional entity of a Member State, such as that at issue in the main proceedings, which requires tenderers and their subcontractors to undertake, by means of a written declaration to be enclosed with their tender, to pay staff who are called upon to perform the services covered by the public contract in question a minimum wage laid down in that legislation.

| 2. | Article 26 of Directive 2004/18, as amended by Regulation No 1251/2011, must be interpreted as not precluding legislation of a regional entity of a Member State, such as that at issue in the main proceedings, which provides for the exclusion from participation in a procedure for the award of a public contract of tenderers and their subcontractors who refuse to undertake, by means of a written declaration to be enclosed with their tender, to pay staff who are called upon to perform the services covered by the public contract in question a minimum wage laid down in that legislation. |
| --- | --- |

2.

Article 26 of Directive 2004/18, as amended by Regulation No 1251/2011, must be interpreted as not precluding legislation of a regional entity of a Member State, such as that at issue in the main proceedings, which provides for the exclusion from participation in a procedure for the award of a public contract of tenderers and their subcontractors who refuse to undertake, by means of a written declaration to be enclosed with their tender, to pay staff who are called upon to perform the services covered by the public contract in question a minimum wage laid down in that legislation.

---

(1)  OJ C 175, 10.6.2014.

1

---