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Case C-771/19: Judgment of the Court (Tenth Chamber) of 24 March 2021 (request for a preliminary ruling from the Symvoulio tis Epikrateias — Greece) — NAMA Symvouloi Michanikoi kai Meletites AE — LDK Symvouloi Michanikoi AE, NAMA Symvouloi Michanikoi kai Meletites AE, LDK Symvouloi Michanikoi AE v Archi Exetasis Prodikastikon Prosfigon (AEPP), Attiko Metro AE (Reference for a preliminary ruling — Procurement contracts in the water, energy, transport and telecommunications sectors — Directive 92/13/EEC — Review procedures — Pre-contractual stage — Assessment of bids — Rejection of a technical bid and acceptance of the bid of a competitor — Suspension of the implementation of that measure — Legitimate interest of the unsuccessful tenderer in challenging the legality of the bid of the successful tenderer)
ECLI:EU:UNKNOWN:62019CA0771
62019CA0771
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17.5.2021
Official Journal of the European Union
C 189/2
(Case C-771/19) (1)
(Reference for a preliminary ruling - Procurement contracts in the water, energy, transport and telecommunications sectors - Directive 92/13/EEC - Review procedures - Pre-contractual stage - Assessment of bids - Rejection of a technical bid and acceptance of the bid of a competitor - Suspension of the implementation of that measure - Legitimate interest of the unsuccessful tenderer in challenging the legality of the bid of the successful tenderer)
(2021/C 189/02)
Language of the case: Greek
Referring court
Parties to the main proceedings
Applicants: NAMA Symvouloi Michanikoi kai Meletites AE — LDK Symvouloi Michanikoi AE, NAMA Symvouloi Michanikoi kai Meletites AE, LDK Symvouloi Michanikoi AE
Defendants: Archi Exetasis Prodikastikon Prosfigon (AEPP), Attiko Metro AE
Intervening parties: SALFO kai Synergates Anonymi Etairia Meletitikon Ypiresion Technikon Ergon — Grafeio Doxiadi Symvouli gia Anaptyxi kai Oikistiki AE — TPF Getinsa Euroestudios SL, SALFO kai Synergates Anonymi Etairia Meletitikon Ypiresion Technikon Ergon, Grafeio Doxiadi Symvouli gia Anaptyxi kai Oikistiki AE, TPF Getinsa Euroestudios SL
Operative part of the judgment
Article 1(1) and (3), Article 2(1)(a) and (b) and Article 2a(2) of Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, as amended by Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014, must be interpreted as meaning that a tenderer who has been excluded from a procurement procedure for the award of a public contract at a stage prior to the final contract award stage and whose request for suspension of the decision to exclude it from the procedure has been refused, may advance, in its request for suspension of the decision to admit the bid of another tenderer, introduced simultaneously, any plea based on the infringement of EU law concerning public procurement or of national rules transposing that law, including pleas which have no connection with the shortcomings for which its own bid was excluded. That option is not affected by the fact that the application for an administrative review before an independent national authority, which must, under national law, first be brought by the tenderer against the decision to exclude it, has been rejected, provided that that rejection has not become definitive.
(1) OJ C 19, 20.1.2020.
ECLI:EU:C:2021:140