CELEX: 62021CN0383
Language: en
Date: 2021-06-24 00:00:00
Title: 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

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).