# C_2015389EN.01000701.xml

| 23.11.2015 | EN | Official Journal of the European Union | C 389/7 |
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23.11.2015

EN

Official Journal of the European Union

C 389/7

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Judgment of the Court (Grand Chamber) of 6 October 2015 (request for a preliminary ruling from the Tribunal Català de Contractes del Sector Públic — Spain) — Consorci Sanitari del Maresme v Corporació de Salut del Maresme i la Selva

(Case C-203/14) (1)

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((Reference for a preliminary ruling - Article 267 TFEU - Jurisdiction of the Court - Status of the referring body as a court or tribunal - Independence - Compulsory jurisdiction - Directive 89/665/EEC - Article 2 - Bodies responsible for review procedures - Directive 2004/18/EC - Articles 1(8) and 52 - Public procurement procedures - Meaning of ‘public entity’ - Public authorities - Inclusion))

(2015/C 389/08)

Language of the case: Spanish

Referring court

Referring court

Tribunal Català de Contractes del Sector Públic

Parties to the main proceedings

Parties to the main proceedings

Applicant: Consorci Sanitari del Maresme

Applicant:

Defendant: Corporació de Salut del Maresme i la Selva

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 1(8) 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 must be interpreted as meaning that the term ‘economic operator’ in the second subparagraph of that provision encompasses public authorities, which may therefore participate in public tendering procedures if and to the extent that they are authorised to offer certain services in return for remuneration on a market. |
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Article 1(8) 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 must be interpreted as meaning that the term ‘economic operator’ in the second subparagraph of that provision encompasses public authorities, which may therefore participate in public tendering procedures if and to the extent that they are authorised to offer certain services in return for remuneration on a market.

| 2. | Article 52 of Directive 2004/18 must be interpreted to the effect that — although it includes certain requirements with regard to the determination of the conditions for registration of economic operators on the national official lists and for certification — it does not exhaustively define (i) the conditions for registration of those economic operators on the national official lists or the conditions for their certification or (ii) the rights and obligations of public entities in that respect. In all events, Directive 2004/18 must be interpreted as precluding national rules under which, on the one hand, national public authorities that are authorised to offer the works, products or services covered by the contract notice concerned may not be registered on those lists, or may not obtain certification, while, on the other hand, the right to participate in the tendering procedure concerned is afforded only to operators which are included on those lists or which have obtained certification. |
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2.

Article 52 of Directive 2004/18 must be interpreted to the effect that — although it includes certain requirements with regard to the determination of the conditions for registration of economic operators on the national official lists and for certification — it does not exhaustively define (i) the conditions for registration of those economic operators on the national official lists or the conditions for their certification or (ii) the rights and obligations of public entities in that respect. In all events, Directive 2004/18 must be interpreted as precluding national rules under which, on the one hand, national public authorities that are authorised to offer the works, products or services covered by the contract notice concerned may not be registered on those lists, or may not obtain certification, while, on the other hand, the right to participate in the tendering procedure concerned is afforded only to operators which are included on those lists or which have obtained certification.

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(1)  OJ C 235, 21.7.2014.

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