CELEX: 62018CB0552
Language: en
Date: 2019-11-20 00:00:00
Title: Case C-522/18: Order of the Court (Ninth Chamber) of 20 November 2019 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Indaco Service Soc. coop. sociale, acting in its own name and as agent of Coop. sociale il Melograno v Ufficio Territoriale del Governo Taranto (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Public procurement — Directive 2014/24/EU — Article 57(4)(c) and (g) — Award of public service contracts — Optional grounds for exclusion — Grave professional misconduct — Calling into question the economic operator’s integrity — Prior contract — Performance — Breaches — Termination — Judicial remedy — Contracting authority’s assessment of the contractual breach — Preclusion until the end of the judicial proceedings)

10.2.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 45/10
            
         
      Order of the Court (Ninth Chamber) of 20 November 2019 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Indaco Service Soc. coop. sociale, acting in its own name and as agent of Coop. sociale il Melograno v Ufficio Territoriale del Governo Taranto
      (Case C-522/18) (1)
      
      (Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Public procurement - Directive 2014/24/EU - Article 57(4)(c) and (g) - Award of public service contracts - Optional grounds for exclusion - Grave professional misconduct - Calling into question the economic operator’s integrity - Prior contract - Performance - Breaches - Termination - Judicial remedy - Contracting authority’s assessment of the contractual breach - Preclusion until the end of the judicial proceedings)
      (2020/C 45/06)
      Language of the case: Italian
      
         Referring court
      
      Consiglio di Stato
      
         Parties to the main proceedings
      
      
         Applicant: Indaco Service Soc. coop. sociale, acting in its own name and as agent of Coop. sociale il Melograno
      
         Defendant: Ufficio Territoriale del Governo Taranto
      
         Intervener: Cometa Società Cooperativa Sociale
      
         Operative part of the order
      
      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 rules of national law pursuant to which an action before the courts against a decision to terminate a public contract, taken by a contracting authority on account of ‘grave professional misconduct’ arising during performance of the contract, prevents the contracting authority which issues a new call for tenders from excluding an operator, at the stage of selecting tenderers, on the basis of an assessment of that operator’s reliability.
      
         (1)  OJ C 436, 3.12.2018.