CELEX: C2007/297/33
Language: en
Date: 2007-12-08 00:00:00
Title: Case C-492/06: Order of the Court (Sixth Chamber) of 4 October 2007 (reference for a preliminary ruling from the Consiglio di Stato (Italy)) — Consorzio Elisoccorso San Raffaele v Elilombarda Srl, Azienda Ospedaliera Ospedale Niguarda Ca' Granda di Milano (Public procurement — Directive 89/665/EEC — Review procedures concerning the award of public contracts — Persons to whom review procedures must be available — Tender by a consortium — Right of each member of a consortium to bring an action individually)

8.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/20
            
         Order of the Court (Sixth Chamber) of 4 October 2007 (reference for a preliminary ruling from the Consiglio di Stato (Italy)) — Consorzio Elisoccorso San Raffaele v Elilombarda Srl, Azienda Ospedaliera Ospedale Niguarda Ca' Granda di Milano
   (Case C-492/06) (1)
   
   (Public procurement - Directive 89/665/EEC - Review procedures concerning the award of public contracts - Persons to whom review procedures must be available - Tender by a consortium - Right of each member of a consortium to bring an action individually)
   (2007/C 297/33)
   Language of the case: Italian
   Referring court
   Consiglio di Stato
   Parties
   
      Applicant: Consorzio Elisoccorso San Raffaele
   
      Defendants: Elilombarda Srl, Azienda Ospedaliera Ospedale Niguarda Ca' Granda di Milano
   Re:
   Reference for a preliminary ruling — Consiglio di Stato — Interpretation of Article 1 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 (OJ 1989 L 395, p. 33) — National case-law recognising that an individual member of a tendering consortium has the right to bring an action against the decision awarding the contract
   Operative part of the order
   Article 1 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 Council Directive 92/50/EEC of 18 June 1992 is to be interpreted as not precluding the possibility, under national law, for an individual member of a consortium without legal personality which has participated as such in a procedure for the award of a public contract and has not been awarded that contract to bring an action against the decision awarding that contract.
   
      (1)  OJ C 20, 27.1.2007.