Opinion of the Advocate General — ECLI:EU:C:2014:2474
Date: 2014-12-18
Language of the case: Portuguese
Subject matter: Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Portugal

Summary — Judgment of the Court (Fifth Chamber), 26 March 2015 Approximation of laws — Procedures for the award of public works contracts, public supply contracts and public service contracts — Directive 2004/18 — Award of contracts — Award criteria — Characteristics and merits of individual tenders — Professional abilities of the tenderer’s team members — Lawfulness (European Parliament and Council Directive 2004/18, Art. 53(1)(a)) With regard to procurement contracts for the provision of services of an intellectual nature, training and consultancy, Article 53(1)(a) of Directive 2004/18 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts does not preclude the contracting authority from using a criterion enabling evaluation of the teams specifically put forward by the tenderers for the performance of the contract and which takes into consideration the composition of the team and the experience and academic and professional background of the team members. The quality of performance of a public contract may depend decisively on the ‘professional merit’ of the people entrusted with its performance, which is made up of their professional experience and background, as where the contract covers the provision of services of an intellectual nature and relates to training and consultancy. Where a contract of this nature is to be performed by a team, it is the abilities and experience of its members which are decisive for the evaluation of the professional quality of the team. That quality may be an intrinsic characteristic of the tender and linked to the subject-matter of the contract for the purposes of Article 53(1)(a) of Directive 2004/18, with the result that it may be included as an award criterion in the contract notice or tendering specifications. (see paras 31, 33-35, operative part)