Case C-303/22, CROSS Zlín: Judgment of the Court (Fourth Chamber) of 18 January 2024 (request for a preliminary ruling from the Krajský soud v Brně — Czech Republic) — CROSS Zlín, a.s. v Úřad pro ochranu hospodářské soutěže (Reference for a preliminary ruling — Procedures for the review of the award of public supply and public works contracts — Directive 89/665/EEC — Access to review procedures — Articles 2(3) and 2a(2) — Obligation for Member States to provide for a review procedure with suspensive effect — Review body of first instance — Review relating to a contract award decision — Article 2(9) — Body responsible for review procedures of a non-judicial character — Conclusion of a public contract before lodging of a judicial action against a decision by that body — Article 47 of the Charter of Fundamental Rights of the European Union — Effective judicial protection)
Date: 2024-01-18
Institutions: Court of Justice
Subjects: Czechia, award of contract, legality, national law, public procurement, right to justice, tendering








C_202401657EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1657


4.3.2024





Judgment of the Court (Fourth Chamber) of 18 January 2024 (request for a preliminary ruling from the Krajský soud v Brně — Czech Republic) — CROSS Zlín, a.s. v Úřad pro ochranu hospodářské soutěže
(Case C-303/22, (1) CROSS Zlín)
(Reference for a preliminary ruling - Procedures for the review of the award of public supply and public works contracts - Directive 89/665/EEC - Access to review procedures - Articles 2(3) and 2a(2) - Obligation for Member States to provide for a review procedure with suspensive effect - Review body of first instance - Review relating to a contract award decision - Article 2(9) - Body responsible for review procedures of a non-judicial character - Conclusion of a public contract before lodging of a judicial action against a decision by that body - Article 47 of the Charter of Fundamental Rights of the European Union - Effective judicial protection)
(C/2024/1657)
Language of the case: Czech

Referring court

Krajský soud v Brně

Parties to the main proceedings


Applicant: CROSS Zlín, a.s.

Defendant: Úřad pro ochranu hospodářské soutěže

Intervening party: Statutární město Brno

Operative part of the judgment

Article 2(3) and Article 2a(2) of 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,
must be interpreted as not precluding national legislation which prohibits a contracting authority from concluding a public contract only until the date on which the body of first instance, within the meaning of the aforementioned Article 2(3), rules on the review of the decision to award that contract, it being irrelevant in that regard whether that review body is judicial in character or not.


(1)  
            OJ C 311, 16.8.2022.


ELI: http://data.europa.eu/eli/C/2024/1657/oj
ISSN 1977-091X (electronic edition)