# C_2019172EN.01000301.xml

| 20.5.2019 | EN | Official Journal of the European Union | C 172/3 |
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20.5.2019

EN

Official Journal of the European Union

C 172/3

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Order of the Court (Fourth Chamber) of 14 February 2019 (request for a preliminary ruling from the Tribunale amministrativo regionale per il Piemonte — Italy) — Cooperativa Animazione Valdocco S.C.S. Impresa Sociale Onlus v Consorzio Intercomunale Servizi Sociali di Pinerolo, Azienda Sanitaria Locale To3 di Collegno e Pinerolo

(Case C-54/18) (1)

(Reference for a preliminary ruling - Public procurement - Review procedures - Directive 89/665/EEC - Articles 1 and 2c - Action brought against decisions to allow tenderers to participate in, or to exclude them from, a tendering procedure - Time limit for applying for review - 30-day time limit - National legislation excluding the possibility to plead the illegality of an admission decision in an action brought against subsequent decisions - Charter of Fundamental Rights of the European Union - Article 47 - Right to effective judicial protection)

(2019/C 172/03)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Piemonte

Parties to the main proceedings

Applicant: Cooperativa Animazione Valdocco S.C:S. Impresa Sociale Onlus

Defendants: Consorzio Intercomunale Servizi Sociali di Pinerolo, Azienda Sanitaria Locale To3 di Collegno e Pinerolo

intervening parties: Ati Cilte Soc. coop. soc., Coesa Pinerolo Soc. coop. soc. arl, La Dua Valadda Soc. coop. soc., Consorzio di Cooperative Sociali il Deltaplano Soc. coop. soc., La Fonte Soc. coop. soc. Onlus, Società Italiana degli Avvocati Amministrativisti (SIAA), Associazione Amministrativisti.it, Camera degli Avvocati Amministrativisti

Operative part of the order

| 1. | 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, and in particular Articles 1 and 2c thereof, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that it does not preclude a national law, such as that at issue in the main proceedings, which provides that actions against the decisions of contracting authorities to allow or exclude tenderers from participation in public procurement award procedures must be brought within 30 days from their communication to the parties concerned, failing which they will be time-barred, provided that decisions communicated contain a summary of the relevant reasons, ensuring that the persons concerned knew or ought to have known of the infringement of EU law alleged. |
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1.

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, and in particular Articles 1 and 2c thereof, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that it does not preclude a national law, such as that at issue in the main proceedings, which provides that actions against the decisions of contracting authorities to allow or exclude tenderers from participation in public procurement award procedures must be brought within 30 days from their communication to the parties concerned, failing which they will be time-barred, provided that decisions communicated contain a summary of the relevant reasons, ensuring that the persons concerned knew or ought to have known of the infringement of EU law alleged.

| 2. | Directive 89/665, as amended by Directive 2014/23, and in particular Articles 1 and 2c thereof, read in the light of Article 47 of the Charter of Fundamental Rights, must be interpreted as meaning that it does not preclude national legislation, such as that at issue in the main proceedings, which provides that, in the absence of an action against the decisions of contracting authorities allowing tenderers to participate in public procurement procedures within 30 days from the communication of those decisions, it is no longer possible for the persons concerned to plead the illegality of the decisions in an action against subsequent decisions and, in particular, against award decisions, subject to the proviso that such a time limit may be relied on only if the persons concerned knew or ought to have known from that notification of the illegality they allege. |
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2.

Directive 89/665, as amended by Directive 2014/23, and in particular Articles 1 and 2c thereof, read in the light of Article 47 of the Charter of Fundamental Rights, must be interpreted as meaning that it does not preclude national legislation, such as that at issue in the main proceedings, which provides that, in the absence of an action against the decisions of contracting authorities allowing tenderers to participate in public procurement procedures within 30 days from the communication of those decisions, it is no longer possible for the persons concerned to plead the illegality of the decisions in an action against subsequent decisions and, in particular, against award decisions, subject to the proviso that such a time limit may be relied on only if the persons concerned knew or ought to have known from that notification of the illegality they allege.

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(1)  OJ C 142, 23.4.2018.

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