Official Journal of the European Union

C 374/16

(Case C-486/17)

(2017/C 374/22)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Olympus Italia Srl

Defendant: Istituto di Ricovero e Cura a Carattere Scientifico — Centro di Riferimento Oncologico della Basilicata di Rionero in Vulture (I.R.C.C.S. CROB)

Question referred

Do the Community principles of the protection of legitimate expectations and legal certainty, together with the principles of the free movement of goods, the freedom of establishment and the freedom to provide services, laid down in the Treaty on the Functioning of the European Union (TFEU), as well as the principles deriving therefrom, such as equality of treatment, non-discrimination, mutual recognition, proportionality and transparency, referred to in Directive 2014/24/EU, preclude the application of national legislation, such as the Italian legislation founded on the combined provisions of Article 95(10) and Article 83(9) of Legislative Decree No 50/2016, according to which the failure to list the corporate safety and security costs separately in the financial tender in a procedure for the award of public contracts inevitably results in the exclusion of the tendering undertaking concerned without the possibility of supplementing or amending its tendering documentation, even in the case where the obligation to list those costs separately was not set out on the attached form to be completed for the submission of the tender, and even though, in substantive terms, the tender in question actually took into account the minimum costs of corporate safety and security?

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 (OJ 2014 L 94, p. 65).

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