CELEX: 62018CA0041
Language: en
Date: 2019-06-19 00:00:00
Title: Case C-41/18: Judgment of the Court (Fourth Chamber) of 19 June 2019 (request for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania — Italy) — Meca Srl v Comune di Napoli (Reference for a preliminary ruling — Public procurement — Directive 2014/12/EU — Article 57(4)(c) and (g) — Award of public service contracts — Optional grounds for exclusion from participation in a public procurement procedure — Grave professional misconduct calling into question the integrity of an economic operator — Termination of an earlier contract on account of failures in its execution — Action before the courts preventing the contracting authority from assessing the breach of contract until the end of the judicial proceedings)

12.8.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 270/9
            
         
      Judgment of the Court (Fourth Chamber) of 19 June 2019 (request for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania — Italy) — Meca Srl v Comune di Napoli
      (Case C-41/18) (1)
      
      (Reference for a preliminary ruling - Public procurement - Directive 2014/12/EU - Article 57(4)(c) and (g) - Award of public service contracts - Optional grounds for exclusion from participation in a public procurement procedure - Grave professional misconduct calling into question the integrity of an economic operator - Termination of an earlier contract on account of failures in its execution - Action before the courts preventing the contracting authority from assessing the breach of contract until the end of the judicial proceedings)
      (2019/C 270/10)
      Language of the case: Italian
      
         Referring court
      
      Tribunale Amministrativo Regionale della Campania
      
         Parties to the main proceedings
      
      
         Applicant: Meca Srl
      
         Defendant: Comune di Napoli
      
         Intervener: Sirio Srl
      
         Operative part of the judgment
      
      Article 57(4)(c) and (g) of 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 must be interpreted as precluding national legislation pursuant to which an action before the courts against a decision to terminate a public contract, taken by a contracting authority on account of significant deficiencies arising in the execution of that contract, prevents the contracting authority which issues a new call for tenders from conducting any assessment, at the stage of the selection of tenderers, of the reliability of the operator concerned by that termination.
      
         (1)  OJ C 142, 23.4.2018.