# C_2021310EN.01000601.xml

| 2.8.2021 | EN | Official Journal of the European Union | C 310/6 |
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2.8.2021

EN

Official Journal of the European Union

C 310/6

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Judgment of the Court (Fourth Chamber) of 17 June 2021 (Request for a preliminary ruling from the Klagenævnet for Udbud — Denmark) — Simonsen & Weel A/S v Region Nordjylland og Region Syddanmark

(Case C-23/20) (1)

(Reference for a preliminary ruling - Public procurement - Framework contract - Directive 2014/24/EU - Article 5(5) - Article 18(1) - Articles 33 and 49 - Annexe V, part C, points 7, 8 and 10 - Commission Implementing Regulation (EU) 2015/1986 - Annexe II, sections II.1.5 and II.2.6 - Procurement procedures - Obligation to indicate, in the contract notice or the tender specifications, first, the estimated quantity or the estimated value and, second, the maximum quantity or the maximum value of the products to be supplied under a framework contract - Principles of transparency and equal treatment - Directive 89/665/EEC - Article 2d(1) - Procedures for review of the award of public contracts - Ineffectiveness of the contract - Exception)

(2021/C 310/06)

Language of the case: Danish

Referring court

Klagenævnet for Udbud

Parties to the main proceedings

Applicant: Simonsen & Weel A/S

Defendant: Region Nordjylland og Region Syddanmark

Intervener: Nutricia A/S

Operative part of the judgment

| 1. | Article 49 of 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, and points 7, 8 and 10(a) of Part C of Annex V to that directive, read in conjunction with Article 33 of that directive and the principles of equal treatment and transparency referred to in Article 18(1) thereof, must be interpreted as meaning that the contract notice must indicate the estimated quantity and/or value and a maximum quantity and/or value of the products to be supplied under a framework contract and that once that limit has been reached, that framework contract will no longer have any effect; |
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1.

Article 49 of 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, and points 7, 8 and 10(a) of Part C of Annex V to that directive, read in conjunction with Article 33 of that directive and the principles of equal treatment and transparency referred to in Article 18(1) thereof, must be interpreted as meaning that the contract notice must indicate the estimated quantity and/or value and a maximum quantity and/or value of the products to be supplied under a framework contract and that once that limit has been reached, that framework contract will no longer have any effect;

| 2. | Article 49 of Directive 2014/24 and points 7 and 10(a) of Part C of Annex V to that directive, read in conjunction with Article 33 of that directive and the principles of equal treatment and transparency referred to in Article 18(1) thereof, must be interpreted as meaning that the contract notice must indicate the estimated quantity and/or value and a maximum quantity and/or value of the products to be supplied under a framework contract as a whole and that that notice can set additional requirements which the contracting authority may decide to add to that framework contract; |
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2.

Article 49 of Directive 2014/24 and points 7 and 10(a) of Part C of Annex V to that directive, read in conjunction with Article 33 of that directive and the principles of equal treatment and transparency referred to in Article 18(1) thereof, must be interpreted as meaning that the contract notice must indicate the estimated quantity and/or value and a maximum quantity and/or value of the products to be supplied under a framework contract as a whole and that that notice can set additional requirements which the contracting authority may decide to add to that framework contract;

| 3. | Article 2d(1)(a) of Council Directive 89/665/EEC of 21 December 1989, on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014, must be interpreted as meaning that it does not apply where a contract notice has been published in the Official Journal of the European Union, even if, first, the estimated quantity and/or the estimated value of the products to be supplied under the envisaged contract is not set out in the contract notice but rather in the tender specifications and, second, neither that contract notice nor those tender specifications mention a maximum quantity or a maximum value of the products to be supplied under that framework contract. |
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3.

Article 2d(1)(a) of Council Directive 89/665/EEC of 21 December 1989, on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014, must be interpreted as meaning that it does not apply where a contract notice has been published in the Official Journal of the European Union, even if, first, the estimated quantity and/or the estimated value of the products to be supplied under the envisaged contract is not set out in the contract notice but rather in the tender specifications and, second, neither that contract notice nor those tender specifications mention a maximum quantity or a maximum value of the products to be supplied under that framework contract.

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(1)  OJ C 95, 23.3.2020.

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