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Case C-469/22: Order of the Court (Eighth Chamber) of 10 January 2023 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Ambisig — Ambiente e Sistemas de Informação Geográfica SA v Fundação do Desporto, ANO — Sistemas de Informática e Serviços Lda, Link Consulting — Tecnologias de Informação SA (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Public procurement of service, supply and works contracts — Directive 2014/24/EU — Conduct of the procedure — Choice of participants and award of contracts — Article 63 — Economic operator relying on the capacities of another entity in order to meet the requirements of the contracting authority — Obligation of that economic operator to submit the qualification documents of a subcontractor after the tender has been awarded — Incompatibility)
ECLI:EU:UNKNOWN:62022CB0469
62022CB0469
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27.2.2023
Official Journal of the European Union
C 71/14
(Case C-469/22) (1)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Public procurement of service, supply and works contracts - Directive 2014/24/EU - Conduct of the procedure - Choice of participants and award of contracts - Article 63 - Economic operator relying on the capacities of another entity in order to meet the requirements of the contracting authority - Obligation of that economic operator to submit the qualification documents of a subcontractor after the tender has been awarded - Incompatibility)
(2023/C 71/16)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicant: Ambisig — Ambiente e Sistemas de Informação Geográfica SA
Defendants: Fundação do Desporto, ANO — Sistemas de Informática e Serviços Lda, Link Consulting — Tecnologias de Informação SA
Operative part of the order
Article 63 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, read in conjunction with Article 59 and recital 84 of that directive,
must be interpreted as precluding national legislation under which an economic operator which intends to use the capacities of another entity in order to perform the contract is required to submit the qualification documents of that entity and the declaration of commitment it has made only after the contract in question has been awarded.
(1) Date lodged: 13.7.2022.