Case C-402/18: Judgment of the Court (Fifth Chamber) of 27 November 2019 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Tedeschi Srl, acting on its own account and as agent of a temporary association of undertakings, Consorzio Stabile Istant Service, acting on its own account and as principal of a temporary association of undertakings v C.M. Service Srl, Università degli Studi di Roma La Sapienza (Reference for a preliminary ruling — Articles 49 and 56 TFEU — Public procurement — Directive 2004/18/EC — Article 25 — Subcontracting — National legislation limiting the possibility of subcontracting to 30 % of the total amount of the contract and preventing the prices which apply to subcontracted services from being reduced by more than 20 % by comparison with the prices stipulated in the decision awarding the contract)
Date: 2019-11-27
Institutions: Court of Justice
Subjects: award of contract, freedom to provide services, price reduction, provision of services, public procurement, right of establishment, subcontracting








C_2020036EN.01000601.xml










3.2.2020   


EN


Official Journal of the European Union


C 36/6






Judgment of the Court (Fifth Chamber) of 27 November 2019 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Tedeschi Srl, acting on its own account and as agent of a temporary association of undertakings, Consorzio Stabile Istant Service, acting on its own account and as principal of a temporary association of undertakings v C.M. Service Srl, Università degli Studi di Roma La Sapienza
(Case C-402/18) (1)

(Reference for a preliminary ruling - Articles 49 and 56 TFEU - Public procurement - Directive 2004/18/EC - Article 25 - Subcontracting - National legislation limiting the possibility of subcontracting to 30 % of the total amount of the contract and preventing the prices which apply to subcontracted services from being reduced by more than 20 % by comparison with the prices stipulated in the decision awarding the contract)
(2020/C 36/07)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicants: Tedeschi Srl, acting on its own account and as agent of a temporary association of undertakings, Consorzio Stabile Istant Service, acting on its own account and as principal of a temporary association of undertakings

Defendants: C.M. Service Srl, Università degli Studi di Roma La Sapienza

Operative part of the judgment

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, such as that at issue in the main proceedings, which limits to 30 % the share of the contract which the tenderer is permitted to subcontract to third parties;










—


precluding national legislation, such as that at issue in the main proceedings, which limits the possibility of reducing the prices which apply to subcontracted services by more than 20 % by comparison with the prices stipulated in the decision awarding the contract.






(1)  OJ C 301, 27.8.2018.