# C_2020095EN.01002001.xml

| 23.3.2020 | EN | Official Journal of the European Union | C 95/20 |
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23.3.2020

EN

Official Journal of the European Union

C 95/20

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Request for a preliminary ruling from the Klagenævnet for Udbud (Denmark) lodged on 17 January 2020 — Simonsen & Weel A/S v Region Nordjylland and Region Syddanmark

(Case C-23/20)

(2020/C 95/24)

Language of the case: Danish

Referring court

Klagenævnet for Udbud

Parties to the main proceedings

Applicant: Simonsen & Weel A/S

Defendants: Region Nordjylland and Region Syddanmark

Questions referred

| 1. | Are the principles of equal treatment and transparency laid down in Article 18(1) of [Directive 2014/24] (1) and Article 49 of [Directive 2014/24], in conjunction with points 7 and 10(a) of Part C of Annex V to Directive 2014/24, to be interpreted as meaning that the contract notice in a case such as the present must contain information on the estimated quantity and/or the estimated value of the supplies under the framework contract to which the tender relates?
  If the answer to this question is in the affirmative, the Court is also asked whether the above provisions are to be interpreted as meaning that the information must be stated in respect of the framework contract (a) as a whole and/or (b) in respect of the original contracting authority which stated its intention to conclude an agreement on the basis of the invitation to tender (in the present case: Region Nordjylland) and/or (c) in respect of the original contracting authority which merely stated that it is participating in one option (in the present case: Region Syddanmark). |
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1.

Are the principles of equal treatment and transparency laid down in Article 18(1) of [Directive 2014/24] (1) and Article 49 of [Directive 2014/24], in conjunction with points 7 and 10(a) of Part C of Annex V to Directive 2014/24, to be interpreted as meaning that the contract notice in a case such as the present must contain information on the estimated quantity and/or the estimated value of the supplies under the framework contract to which the tender relates?

If the answer to this question is in the affirmative, the Court is also asked whether the above provisions are to be interpreted as meaning that the information must be stated in respect of the framework contract (a) as a whole and/or (b) in respect of the original contracting authority which stated its intention to conclude an agreement on the basis of the invitation to tender (in the present case: Region Nordjylland) and/or (c) in respect of the original contracting authority which merely stated that it is participating in one option (in the present case: Region Syddanmark).

| 2. | Are the principles of equal treatment and transparency laid down in Article 18(1) of [Directive 2014/24] and Articles 33 and 49 of [Directive 2014/24], in conjunction with points 7 and 10(a) of Part C of Annex V to Directive 2014/24, to be interpreted as meaning that either the contract notice or the tender specifications must set a maximum quantity and/or a maximum value of the supplies under the framework contract to which the tender relates, such that the framework contract in question will no longer have any effect when that limit is reached?
  If the answer to this question is in the affirmative, the Court is also asked whether the above provisions are to be interpreted as meaning that the above maximum limit must be indicated in respect of the framework contract (a) as a whole and/or (b) in respect of the original contracting authority which stated its intention to conclude an agreement on the basis of the invitation to tender (in the present case: Region Nordjylland) and/or (c) in respect of the original contracting authority which merely stated that it is participating in one option (in the present case: Region Syddanmark).
  If the answer to Question 1 and/or Question 2 is in the affirmative, the Court is further asked — in so far as it is relevant to the content of those answers — to answer the following question: |
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2.

Are the principles of equal treatment and transparency laid down in Article 18(1) of [Directive 2014/24] and Articles 33 and 49 of [Directive 2014/24], in conjunction with points 7 and 10(a) of Part C of Annex V to Directive 2014/24, to be interpreted as meaning that either the contract notice or the tender specifications must set a maximum quantity and/or a maximum value of the supplies under the framework contract to which the tender relates, such that the framework contract in question will no longer have any effect when that limit is reached?

If the answer to this question is in the affirmative, the Court is also asked whether the above provisions are to be interpreted as meaning that the above maximum limit must be indicated in respect of the framework contract (a) as a whole and/or (b) in respect of the original contracting authority which stated its intention to conclude an agreement on the basis of the invitation to tender (in the present case: Region Nordjylland) and/or (c) in respect of the original contracting authority which merely stated that it is participating in one option (in the present case: Region Syddanmark).

If the answer to Question 1 and/or Question 2 is in the affirmative, the Court is further asked — in so far as it is relevant to the content of those answers — to answer the following question:

| 3. | Is Article 2d(1)(a) of [Directive 92/13], read in conjunction with Articles 33 and 49 of [Directive 2014/24], in conjunction with points 7 and 10(a) of Part C of Annex V to Directive 2014/24, to be interpreted as meaning that the condition that ‘the contracting entity has awarded a contract without prior publication of a notice in the Official Journal of the European Union’ covers a case such as the present where the contracting authority has published a contract notice in the Official Journal of the European Union concerning the envisaged framework contract, but






  (a) | where the contract notice does not meet the requirement to indicate the estimated quantity and/or the estimated value of the supplies under the framework contract to which the tender relates since an estimate thereof is set out in the tender specifications, and |
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3.

Is Article 2d(1)(a) of [Directive 92/13], read in conjunction with Articles 33 and 49 of [Directive 2014/24], in conjunction with points 7 and 10(a) of Part C of Annex V to Directive 2014/24, to be interpreted as meaning that the condition that ‘the contracting entity has awarded a contract without prior publication of a notice in the Official Journal of the European Union’ covers a case such as the present where the contracting authority has published a contract notice in the Official Journal of the European Union concerning the envisaged framework contract, but

(a)

where the contract notice does not meet the requirement to indicate the estimated quantity and/or the estimated value of the supplies under the framework contract to which the tender relates since an estimate thereof is set out in the tender specifications, and

| (b) | where the contracting authority has breached the requirement to set in the contract notice or the tender specifications a maximum quantity and/or a maximum value of the supplies under the framework contract to which the call for tenders relates? |
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(b)

where the contracting authority has breached the requirement to set in the contract notice or the tender specifications a maximum quantity and/or a maximum value of the supplies under the framework contract to which the call for tenders relates?

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(1)  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 (OJ 2014 L 94, p. 65).

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