CELEX: 62017CA0009
Language: en
Date: 2018-03-01 00:00:00
Title: Case C-9/17: Judgment of the Court (Third Chamber) of 1 March 2018 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Maria Tirkkonen (Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Tendering procedure for public contracts for farm advisory services — Whether or not there is a public contract — Scheme for obtaining services open to any economic operator who satisfies previously established conditions — Scheme not subsequently open to other economic operators)

23.4.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 142/12
            
         Judgment of the Court (Third Chamber) of 1 March 2018 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Maria Tirkkonen
   (Case C-9/17) (1)
   
   ((Reference for a preliminary ruling - Public procurement - Directive 2004/18/EC - Tendering procedure for public contracts for farm advisory services - Whether or not there is a public contract - Scheme for obtaining services open to any economic operator who satisfies previously established conditions - Scheme not subsequently open to other economic operators))
   (2018/C 142/16)
   Language of the case: Finnish
   
      Referring court
   
   Korkein hallinto-oikeus
   
      Parties to the main proceedings
   
   Maria Tirkkonen
   
      Intervener: Maaseutuvirasto
   
      Operative part of the judgment
   
   Article 1(2)(a) 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 must be interpreted as meaning that a farm advisory scheme, such as that at issue in the main proceedings, through which a public entity admits all the economic operators who meet the suitability requirements set out in the invitation to tender and who pass the examination referred to in that invitation to tender, even if no new operator can be admitted during the limited validity period of that scheme, does not constitute a public contract within the meaning of that directive.
   
      (1)  OJ C 86, 20.3.2017.