CELEX: 62018CN0041
Language: en
Date: 2018-01-22 00:00:00
Title: Case C-41/18: Request for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania (Italy) lodged on 22 January 2018 — Meca Srl v Comune di Napoli

23.4.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 142/27
            
         Request for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania (Italy) lodged on 22 January 2018 — Meca Srl v Comune di Napoli
   (Case C-41/18)
   (2018/C 142/36)
   Language of the case: Italian
   
      Referring court
   
   Tribunale Amministrativo Regionale della Campania
   
      Parties to the main proceedings
   
   
      Applicant: Meca Srl
   
      Defendant: Comune di Napoli
   
      Question referred
   
   
      Do the Community principles of protection of legitimate expectations and of legal certainty, laid down in the Treaty on the Functioning of the European Union (TFEU), and the principles deriving therefrom, such as those of equal treatment, non-discrimination, proportionality and effectiveness, referred to in Directive 2014/24/EU, (1) and the provisions of Article 57(4)(c) and (g) of that Directive, preclude the application of national legislation, such as the Italian legislation founded on Article 80(5)(c) of Legislative Decree No 50/2016, according to which challenging before the courts significant deficiencies identified in the performance of a previous procurement procedure, which resulted in the early termination of a previous procurement contract, excludes any assessment by the procuring entity as to the reliability of the tenderer, until a final ruling has been issued in the civil proceedings, when the undertaking concerned has not demonstrated that it has adopted any ‘self-cleaning’ measures in order to remedy the breaches and avoid any repetition of them?
   
   
      (1)  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 Text with EEA relevance (OJ 2014 L 94, p. 65).