17.11.2014

EN

Official Journal of the European Union

C 409/29

(Case C-410/14)

2014/C 409/41

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Dr. Falk Pharma GmbH

Defendant: DAK-Gesundheit

Questions referred

The following questions are referred to the Court of Justice of the European Union under Article 267 TFEU for a preliminary ruling on the interpretation of 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 … (1):

1.Does the concept of a ‘public contract’ under Article 1(2)(a) of Directive 2004/18/EC no longer apply if a contracting authority carries out an authorisation procedure in which it awards the contract without selecting one or more economic operators (‘openhouse model’)?

2.If the answer to question 1 is that the selection of one or more economic operators is a characteristic of a public contract, the following question arises: is the characteristic of the selection of economic operators within the meaning of Article 1(2)(a) of Directive 2004/18/EC to be interpreted, in the light of Article 2 of that directive, as meaning that contracting authorities may refrain from selecting one or more economic operators by way of an authorisation procedure only if the following conditions are satisfied:

— the carrying out of an authorisation procedure is published at European level,

— clear rules concerning the conclusion of the contract and acceding to the contract are set,

— the terms of the contract are set in advance in such a way that no economic operator is able to influence the content of the contract,

— economic operators are granted the right to accede to the contract at any time;

— the contracts concluded are published at European level?

(1)

OJ 2004 L 134, p. 114.

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