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Case C-697/17: Judgment of the Court (Fifth Chamber) of 11 July 2019 (reference for a preliminary ruling from the Consiglio di Stato — Italy) — Telecom Italia SpA v Ministero dello Sviluppo Economico, Infrastrutture e telecomunicazioni per l’Italia SpA (Infratel Italia SpA) (Reference for a preliminary ruling — Award of public supply and public works contracts — Directive 2014/24/EU — Article 28(2) — Restricted procedure — Economic operators admitted to submit a tender — Need for the pre-selected candidate and the candidate submitting the tender to be legally and factually identical — Principle of equal treatment of tenderers)
ECLI:EU:UNKNOWN:62017CA0697
62017CA0697
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Official Journal of the European Union
C 305/9
(Case C-697/17) (1)
(Reference for a preliminary ruling - Award of public supply and public works contracts - Directive 2014/24/EU - Article 28(2) - Restricted procedure - Economic operators admitted to submit a tender - Need for the pre-selected candidate and the candidate submitting the tender to be legally and factually identical - Principle of equal treatment of tenderers)
(2019/C 305/10)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Telecom Italia SpA
Defendants: Ministero dello Sviluppo Economico, Infrastrutture e telecomunicazioni per l’Italia SpA (Infratel Italia SpA)
Intervener: OpEn Fiber SpA
Operative part of the judgment
The first sentence of Article 28(2) 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, with regard to the requirement that the pre-selected operators and the operators submitting tenders be legally and factually identical, as not precluding, in the context of a restricted procedure for the award of a public procurement contract, a pre-selected candidate who agrees to merge with another pre-selected candidate under a merger agreement concluded between the pre-selection stage and the stage when tenders are submitted and performed after that submission stage from submitting a tender.
(1)
OJ C 112, 26.3.2018.
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