14.9.2015

Official Journal of the European Union

C 302/15

(Case C-287/15)

(2015/C 302/20)

Language of the case: Italian

Referring court

Parties to the main proceedings

Appellants: Società LIS Srl, Società Cerutti Lorenzo Srl

Respondent: Abbanoa SpA

Questions referred

1.Is it compatible with Article 45(2)(a) and (b) of Directive 2004/18/EC of 31 March 2004 for a debtor which has merely made a request to the competent judicial body to enter into an arrangement with creditors to be regarded as being the subject of proceedings?

2.Is it compatible with the abovementioned provision for the fact that the debtor has declared that it is in a state of insolvency and wishes to submit a preliminary request (the features of which are described above) to enter into an arrangement with creditors to be regarded as grounds for excluding a debtor from a public tendering procedure, thereby interpreting broadly the concept of being ‘the subject of proceedings’ established by the provisions of Community law (Article 45 of the directive) and of national law (Article 38 of Legislative Decree No 163/2006) law, cited above?

3.Is a provision such as that of Article 53(3) of Legislative Decree No 163 of 16 April 2006, analysed above, that allows the participation of an undertaking with a ‘named’ design engineer which, since it is not a itself a tenderer, may not, according to national case-law, rely on the capacity of others, compatible with Article 48 of Directive 2004/18/EC of 31 March 2004?

*

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 (OJ 2004 L 134, p. 114).