CELEX: 62014CN0410
Language: en
Date: 2014-08-29 00:00:00
Title: Case C-410/14: Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 29 August 2014  — Dr. Falk Pharma GmbH v DAK-Gesundheit

17.11.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 409/29
            
         Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 29 August 2014 — Dr. Falk Pharma GmbH v DAK-Gesundheit
   (Case C-410/14)
   2014/C 409/41
   Language of the case: German
   
      Referring court
   
   Oberlandesgericht Düsseldorf
   
      Parties to the main proceedings
   
   
      Applicant: Dr. Falk Pharma GmbH
   
      Defendant: DAK-Gesundheit
   
      Questions referred
   
   The following questions are referred to the Court of Justice of the European Union under Article 267 TFEU for a preliminary ruling on the interpretation of 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 … (1):
   
               1.
            
            
               Does the concept of a ‘public contract’ under Article 1(2)(a) of Directive 2004/18/EC no longer apply if a contracting authority carries out an authorisation procedure in which it awards the contract without selecting one or more economic operators (‘openhouse model’)?
            
         
               2.
            
            
               If the answer to question 1 is that the selection of one or more economic operators is a characteristic of a public contract, the following question arises: is the characteristic of the selection of economic operators within the meaning of Article 1(2)(a) of Directive 2004/18/EC to be interpreted, in the light of Article 2 of that directive, as meaning that contracting authorities may refrain from selecting one or more economic operators by way of an authorisation procedure only if the following conditions are satisfied:
               
                           —
                        
                        
                           the carrying out of an authorisation procedure is published at European level,
                        
                     
                           —
                        
                        
                           clear rules concerning the conclusion of the contract and acceding to the contract are set,
                        
                     
                           —
                        
                        
                           the terms of the contract are set in advance in such a way that no economic operator is able to influence the content of the contract,
                        
                     
                           —
                        
                        
                           economic operators are granted the right to accede to the contract at any time;
                        
                     
                           —
                        
                        
                           the contracts concluded are published at European level?
                        
                     
         
      (1)  OJ 2004 L 134, p. 114.