# C_2021278EN.01001301.xml

| 12.7.2021 | EN | Official Journal of the European Union | C 278/13 |
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12.7.2021

EN

Official Journal of the European Union

C 278/13

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Judgment of the Court (Fourth Chamber) of 20 May 2021 (request for a preliminary ruling from the Tallinna Ringkonnakohus — Estonia) — Sotsiaalministeerium v Riigi Tugiteenuste Keskus, formerly Innove SA

(Case C-6/20) (1)

(Reference for a preliminary ruling - Public supply contracts - Directive 2004/18/EC - Articles 2 and 46 - Project financed by the Fund for European Aid to the Most Disadvantaged - Criteria for the selection of tenderers - Regulation (EC) No 852/2004 - Article 6 - Requirement of a registration certificate or approval issued by the national food safety authority of the State in which the contract is to be performed)

(2021/C 278/17)

Language of the case: Estonian

Referring court

Tallinna Ringkonnakohus

Parties to the main proceedings

Applicant: Sotsiaalministeerium

Defendant: Riigi Tugiteenuste Keskus, formerly Innove SA

Interested party: Rahandusministeerium

Operative part of the judgment

| 1. | Articles 2 and 46 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 precluding national legislation under which the contracting authority must require, in a contract notice and as a qualitative selection criterion, that tenderers furnish proof, at the time of submitting the tender, that they hold the registration certificate or approval required under the legislation applicable to the activity which is the subject of the public contract in question and that it be issued by the competent authority of the Member State in which the contract is to be performed, even where they already hold a similar registration certificate or approval in the Member State in which they are established; |
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1.

Articles 2 and 46 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 precluding national legislation under which the contracting authority must require, in a contract notice and as a qualitative selection criterion, that tenderers furnish proof, at the time of submitting the tender, that they hold the registration certificate or approval required under the legislation applicable to the activity which is the subject of the public contract in question and that it be issued by the competent authority of the Member State in which the contract is to be performed, even where they already hold a similar registration certificate or approval in the Member State in which they are established;

| 2. | The principle of the protection of legitimate expectations must be interpreted as meaning that it may not be relied on by a contracting authority which, in the context of a public procurement procedure, has, in order to comply with the national rules on foodstuffs, required tenderers to have, at the time of submitting their tender, a registration certificate or approval issued by the competent authority of the Member State in which the contract is to be performed. |
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2.

The principle of the protection of legitimate expectations must be interpreted as meaning that it may not be relied on by a contracting authority which, in the context of a public procurement procedure, has, in order to comply with the national rules on foodstuffs, required tenderers to have, at the time of submitting their tender, a registration certificate or approval issued by the competent authority of the Member State in which the contract is to be performed.

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(1)  OJ C 87, 16.3.2020.

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