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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)
ECLI:EU:UNKNOWN:62018CB0552
62018CB0552
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10.2.2020
Official Journal of the European Union
C 45/10
(Case C-522/18) (<span class="super note-tag">1</span>)
(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
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.
(<span class="note">1</span>) OJ C 436, 3.12.2018.
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