23.4.2018

EN

Official Journal of the European Union

C 142/27

(Case C-41/18)

(2018/C 142/36)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Meca Srl

Defendant: Comune di Napoli

Question referred

Do the Community principles of protection of legitimate expectations and of legal certainty, laid down in the Treaty on the Functioning of the European Union (TFEU), and the principles deriving therefrom, such as those of equal treatment, non-discrimination, proportionality and effectiveness, referred to in Directive 2014/24/EU, and the provisions of Article 57(4)(c) and (g) of that Directive, preclude the application of national legislation, such as the Italian legislation founded on Article 80(5)(c) of Legislative Decree No 50/2016, according to which challenging before the courts significant deficiencies identified in the performance of a previous procurement procedure, which resulted in the early termination of a previous procurement contract, excludes any assessment by the procuring entity as to the reliability of the tenderer, until a final ruling has been issued in the civil proceedings, when the undertaking concerned has not demonstrated that it has adopted any ‘self-cleaning’ measures in order to remedy the breaches and avoid any repetition of them?

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 Text with EEA relevance (OJ 2014 L 94, p. 65).

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