13.10.2012

Official Journal of the European Union

C 311/4

(Case C-358/12)

2012/C 311/04

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Consorzio Stabile Libor Lavori Pubblici

Defendant: Comune di Milano

Question referred

Do the principle of proportionality which arises from the right of establishment and the principles of non-discrimination and protection of competition laid down in Articles 49, 56 and 101 TFEU, and the principle of reasonableness enshrined therein, preclude national legislation which, in relation to contracts both above and below the Community threshold, classifies as serious an infringement relating to contribution obligations which has been definitively established, where the amount thereof exceeds EUR 100,00 and is at the same time greater than 5 % of the difference between the sums owed and those paid in respect of each payment or contribution period, with the consequent obligation on the contracting authority to exclude from the tender process any competitor who has committed such an infringement, without assessing other aspects which objectively demonstrate the competitor’s reliability as a contractual partner?