CELEX: 62017CA0328
Language: en
Date: 2018-11-28 00:00:00
Title: Case C-328/17: Judgment of the Court (Third Chamber) of 28 November 2018 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Liguria — Italy) — Amt Azienda Trasporti e Mobilità SpA and Others v Atpl Liguria — Agenzia regionale per il trasporto pubblico locale SpA, Regione Liguria (Reference for a preliminary ruling — Public procurement — Review procedures — Directive 89/665/EEC — Article 1(3) — Directive 92/13/EEC — Article 1(3) — Right to bring proceedings subject to the condition that a tender was submitted in a procurement procedure)

28.1.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 35/5
            
         
      Judgment of the Court (Third Chamber) of 28 November 2018 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Liguria — Italy) — Amt Azienda Trasporti e Mobilità SpA and Others v Atpl Liguria — Agenzia regionale per il trasporto pubblico locale SpA, Regione Liguria
      (Case C-328/17) (1)
      
      ((Reference for a preliminary ruling - Public procurement - Review procedures - Directive 89/665/EEC - Article 1(3) - Directive 92/13/EEC - Article 1(3) - Right to bring proceedings subject to the condition that a tender was submitted in a procurement procedure))
      (2019/C 35/06)
      Language of the case: Italian
      
         Referring court
      
      Tribunale Amministrativo Regionale per la Liguria
      
         Parties to the main proceedings
      
      
         Applicants: Amt Azienda Trasporti e Mobilità SpA, Atc Esercizio SpA, Atp Esercizio Srl, Riviera Trasporti SpA, Tpl Linea Srl
      
         Defendants: Atpl Liguria — Agenzia regionale per il trasporto pubblico locale SpA, Regione Liguria
      
         Operative part of the judgment
      
      Both Article 1(3) 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 Diretive2007/66/EC of the European Parliament and of the Council of 11 December 2007, and Article 1(3) of Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, as amended by Directive 2007/66, must be interpreted as meaning that they do not preclude national legislation, such as that at issue in the main proceedings, which does not allow economic operators to bring an action against the decisions of a contracting authority relating to a tendering procedure in which they have decided not to participate on the ground that the legislation applicable to that procedure made the award to them of the contract concerned very unlikely.
      However, it is for the competent national court to make a detailed assessment, taking account of all the relevant information characterising the context of the case brought before it, as to whether the application of that legislation in practice is liable to affect the right of the economic operators concerned to the right to effective judicial protection.
      
         (1)  OJ C 309, 18.9.2017.