CELEX: 62011CO0502
Language: en
Date: 2012-10-04 00:00:00
Title: Order of the Court (Seventh Chamber) of 4 October 2012.#Vivaio dei Molini Azienda Agricola Porro Savoldi ss v Autorità per la Vigilanza sui Contratti Pubblici di lavori, servizi e forniture.#Reference for a preliminary ruling – Consiglio di Stato – Interpretation of Article 6 of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199, p. 54) – Principle of non-discrimination – National legislation reserving the right to participate in public tendering procedures to companies engaged in a commercial activity and excluding agricultural undertakings in the form of civil partnerships (società semplici).#Public works contracts – Directive 93/37/EEC – Article 6 – Principles of equal treatment and openness – Admissibility of rules reserving the right to participate in public tendering procedures to companies engaged in a commercial activity and excluding civil partnerships (società semplici) – Institutional and statutory objectives – Agricultural undertakings.#Case C‑502/11.

Order of the Court (Seventh Chamber) of 4 October 2012 — Vivaio dei Molini Azienda Agricola Porro Savoldi(Case C-502/11)
      Public works contracts – Directive 93/37/EEC – Article 6 – Principles of equal treatment and openness – Admissibility of rules reserving the right to participate in public tendering procedures to companies engaged in a commercial
         activity and excluding civil partnerships (società semplici) – Institutional and statutory objectives – Agricultural undertakings
      
      1.                     Approximation of laws – Procedures for the award of public works contracts – Directive 93/37 – Purpose (Council Directive
            93/37) (see para. 31)
      2.                     Approximation of laws – Procedures for the award of public works contracts – Tenderers – National legislation excluding candidates
            of a certain legal form – Not permissible – Contactor – Notion – Classification not dependent on direct performance with the
            contractor’s own resources, on its legal status and its systematic presence on the market (Council Directive 93/37) (see paras 32-35)
      3.                     Approximation of laws – Procedures for the award of public works contracts – Directive 93/37 – Exclusion from participation
            in a contract – Limited nature of the list of causes set out in the first paragraph of Article 24 of the Directive – Power
            of the Member Stes to provide for other means of exclusion – Conditions (Council Directive 93/37, Art. 24, first para.) (see
            para 37-42)
      4.                     Approximation of laws – Procedures for the award of public works contracts – Directive 93/37 – Exclusion from participation
            in a contract – National legislation excluding individual agricultural undertakings engaged in commercial activities in the
            form of civil partnerships – Not permissible (Council Directive 93/37, Art. 6) (see paras 47-51)
      Re: 
      
         
               Reference for a preliminary ruling – Consiglio di Stato – Interpretation of Article 6 of Council Directive 93/37/EEC of 14 June
                  1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199, p. 54) – Principle
                  of non-discrimination – National legislation reserving the right to participate in public tendering procedures to companies
                  engaged in a commercial activity and excluding agricultural undertakings in the form of civil partnerships (società semplici).
               
            Operative part 
      European Union law, in particular Article 6 of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of
         procedures for the award of public works contracts, as amended by Commission Directive 2001/78/EC of 13 September 2001, precludes
         national legislation, such as that at issue in the main proceedings, which prohibits an undertaking such as a civil partnership
         having the status of ‘contractor’ within the meaning of Directive 93/37 from participating in public procurement procedures
         solely on the ground of its legal form.