CELEX: 62016CB0140
Language: en
Date: 2016-11-10 00:00:00
Title: Case C-140/16: Order of the Court (Sixth Chamber) of 10 November 2016 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per le Marche — Italy) — Edra Costruzioni Soc. coop., Edilfac Srl v Comune di Maiolati Spontini (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Public procurement — Directive 2004/18/EC — Directive 2014/24/EU — Participation in a tendering procedure — Tenderer having failed to refer in the tender to the business charges relating to safety and security at work — Judicial obligation to include such a reference — Exclusion from the contract without the possibility of rectifying that omission)

27.2.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 63/9
            
         Order of the Court (Sixth Chamber) of 10 November 2016 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per le Marche — Italy) — Edra Costruzioni Soc. coop., Edilfac Srl v Comune di Maiolati Spontini
   (Case C-140/16) (1)
   
   ((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Public procurement - Directive 2004/18/EC - Directive 2014/24/EU - Participation in a tendering procedure - Tenderer having failed to refer in the tender to the business charges relating to safety and security at work - Judicial obligation to include such a reference - Exclusion from the contract without the possibility of rectifying that omission))
   (2017/C 063/14)
   Language of the case: Italian
   
      Referring court
   
   Tribunale Amministrativo Regionale per le Marche
   
      Parties to the main proceedings
   
   
      Applicant: Edra Costruzioni Soc. coop., Edilfac Srl
   
      Defendant: Comune di Maiolati Spontini
   
      Joined party: Torelli Dottori SpA
   
      Operative part of the order
   
   The principle of equality of treatment and the duty of transparency, as implemented by 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 precluding the exclusion of a tenderer from a procedure for the award of a public works contract as a result of the tender’s failure to comply with a requirement to indicate clearly in the tender the business charges relating to safety and security at work — for which the penalty for non-compliance is exclusion from the procedure — a requirement which arises, not expressly from the procurement documents or from national legislation, but from an interpretation of that legislation and the filling of gaps in those documents by the national court adjudicating at last instance. The principles of equality of treatment and of proportionality must also be interpreted as not precluding such a tenderer from being afforded the opportunity of remedying the situation and satisfying that requirement within a time-limit set by the awarding authority.
   
      (1)  OJ C 200, 6.6.2016.