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Case C-493/22, ARMAPROCURE: Order of the Court (Eighth Chamber) of 16 March 2023 (Request for a preliminary ruling from the Curtea de Apel Bucureşti — Romania) — Armaprocure SRL v Ministerul Apărării Naţionale, BlueSpace Technology SRL (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Public Procurement — Directive 2009/81/EC — Article 55(4) — Article 57(2) — Interest in bringing proceedings — Access to the review procedures — Tenderer excluded from a public procurement procedure by a decision of the contracting authority that has become final — National regulation depriving such a tenderer of access to a means of appeal — No interest in bringing proceedings)
ECLI:EU:UNKNOWN:62022CB0493
62022CB0493
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Official Journal of the European Union
C 164/25
(Case C-493/22, (<span class="oj-super oj-note-tag">1</span>) ARMAPROCURE)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Public Procurement - Directive 2009/81/EC - Article 55(4) - Article 57(2) - Interest in bringing proceedings - Access to the review procedures - Tenderer excluded from a public procurement procedure by a decision of the contracting authority that has become final - National regulation depriving such a tenderer of access to a means of appeal - No interest in bringing proceedings)
(2023/C 164/31)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Applicant at first instance and appellant:
Defendants at first instance and respondents:
Operative part of the order
Article 55(4) and Article 57(2) of Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC,
must be interpreted as precluding a tenderer, that has been excluded from a public procurement procedure by a decision of the contracting authority that has become final, from having access to a means of appeal against, or review of the contract concluded with the successful tenderer.
Date lodged: 22.7.2022.
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