CELEX: 62017CA0697
Language: en
Date: 2019-07-11 00:00:00
Title: Case C-697/17: Judgment of the Court (Fifth Chamber) of 11 July 2019 (reference for a preliminary ruling from the Consiglio di Stato — Italy) — Telecom Italia SpA v Ministero dello Sviluppo Economico, Infrastrutture e telecomunicazioni per l’Italia SpA (Infratel Italia SpA) (Reference for a preliminary ruling — Award of public supply and public works contracts — Directive 2014/24/EU — Article 28(2) — Restricted procedure — Economic operators admitted to submit a tender — Need for the pre-selected candidate and the candidate submitting the tender to be legally and factually identical — Principle of equal treatment of tenderers)

9.9.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 305/9
            
         
      Judgment of the Court (Fifth Chamber) of 11 July 2019 (reference for a preliminary ruling from the Consiglio di Stato — Italy) — Telecom Italia SpA v Ministero dello Sviluppo Economico, Infrastrutture e telecomunicazioni per l’Italia SpA (Infratel Italia SpA)
      (Case C-697/17) (1)
      
      (Reference for a preliminary ruling - Award of public supply and public works contracts - Directive 2014/24/EU - Article 28(2) - Restricted procedure - Economic operators admitted to submit a tender - Need for the pre-selected candidate and the candidate submitting the tender to be legally and factually identical - Principle of equal treatment of tenderers)
      (2019/C 305/10)
      Language of the case: Italian
      
         Referring court
      
      Consiglio di Stato
      
         Parties to the main proceedings
      
      
         Applicant: Telecom Italia SpA
      
         Defendants: Ministero dello Sviluppo Economico, Infrastrutture e telecomunicazioni per l’Italia SpA (Infratel Italia SpA)
      
         Intervener: OpEn Fiber SpA
      
         Operative part of the judgment
      
      The first sentence of Article 28(2) 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, with regard to the requirement that the pre-selected operators and the operators submitting tenders be legally and factually identical, as not precluding, in the context of a restricted procedure for the award of a public procurement contract, a pre-selected candidate who agrees to merge with another pre-selected candidate under a merger agreement concluded between the pre-selection stage and the stage when tenders are submitted and performed after that submission stage from submitting a tender.
      
         (1)  OJ C 112, 26.3.2018.