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Case C-390/25, HUS-yhtymä: Request for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 13 June 2025 – HUS-yhtymä
ECLI:EU:UNKNOWN:62025CN0390
62025CN0390
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Official Journal of the European Union
EN
C series
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C/2025/4439
18.8.2025
(Case C-390/25, HUS-yhtymä)
(C/2025/4439)
Language of the case: Finnish
Referring court
Parties to the main proceedings
Appellant: HUS-yhtymä
Other parties: Cloudia Oy and SC Software Oy
Questions referred
In the context of a competitive dialogue within the meaning of Article 30 of Directive 2014/24/EU, (<span class="oj-super oj-note-tag">1</span>) must the contracting authority evaluate the tenders submitted on the basis of the award criteria and the weightings relating to them as established in the contract notice or the descriptive document, or is it entitled to specify the relative weightings of the award criteria set out in the contract notice or the descriptive document in the final invitation to tender to be sent to the tenderers following the negotiations, in particular where those weightings were set out in the contract notice or the descriptive document in the form of a range within the meaning of the second subparagraph of Article 67(5) of that directive?
If, in the context of a competitive dialogue, the contracting authority is entitled, when drawing up the invitation to tender, to specify the weightings set out in the contract notice or the descriptive document in the form of a range within the meaning of the second subparagraph of Article 67(5) of that directive, may the weighting range used by the contracting authority in the present case at the stage of the contract notice be regarded as compatible with the second subparagraph of Article 67(5) of Directive 2014/24/EU, given in particular, on the one hand, that the range used by the contracting authority does not indicate the final order of importance of the award criteria relating to price and quality, and, on the other hand, that the award criteria and their relative weightings as set out in the final invitation to tender are within the range communicated at the stage of the contract notice?
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(1) 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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ELI: http://data.europa.eu/eli/C/2025/4439/oj
ISSN 1977-091X (electronic edition)
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