Case C-383/21: Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 24 June 2021 — Société de Logement de Service Public (SLSP) ‘Sambre et Biesme’, SCRL v Société wallonne du logement
Date: 2021-06-24
Institutions: Court of Justice
Subjects: board of directors, cooperative, decision-making, direct applicability, housing, legal person, managing director, municipality, public procurement, public sector, shareholder








C_2021357EN.01001101.xml










6.9.2021   


EN


Official Journal of the European Union


C 357/11






Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 24 June 2021 — Société de Logement de Service Public (SLSP) ‘Sambre et Biesme’, SCRL v Société wallonne du logement
(Case C-383/21)
(2021/C 357/14)
Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings


Applicant: Société de Logement de Service Public (SLSP) ‘Sambre et Biesme’, SCRL

Defendant: Société wallonne du logement

Questions referred







1.


Must Article 12(3) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014, (1) as amended by Commission Delegated Regulation (EU) 2015/2170 of 24 November 2015 (2) on public procurement and repealing Directive 2004/18/EC be interpreted as having direct effect?










2.


If the answer to the first question is in the affirmative, must Article 12(3) of Directive 2014/24/EU be interpreted as meaning that the requirement for a contracting authority, in this case a public service housing company, to be represented on the decision-making bodies of the controlled legal person, in this case an inter-municipal cooperative society, is satisfied solely on the basis that a person who sits on the board of directors of that inter-municipal cooperative society in his or her capacity as a municipal councillor of another participating contracting authority, in this case a municipality, is, due to purely factual circumstances and without any legal guarantee of representation, also a director of the public service housing company, while the municipality is a (non-exclusive) shareholder in both the controlled entity (inter-municipal cooperative society) and the public service housing company?










3.


If the answer to the first question is negative, must it be considered that a contracting authority, in this case a public service housing company, ‘participates’ in the decision-making bodies of the controlled legal person, in this case an inter-municipal cooperative society, solely on the basis that a person who sits on the board of directors of that inter-municipal cooperative society in his or her capacity as a municipal councillor of another participating contracting authority, in this case a municipality, is, due to purely factual circumstances and without any legal guarantee of representation, also a director of the public service housing company, while the municipality is a (non-exclusive) shareholder in both the controlled entity (inter-municipal cooperative society) and the public service housing company?






(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).

(2)  Commission Delegated Regulation (EU) 2015/2170 of 24 November 2015 amending Directive 2014/24/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ 2015 L 307, p. 5).