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Case C-547/22: Request for a preliminary ruling from the Okresný súd Bratislava II (Slovakia) lodged on 17 August 2022 — INGSTEEL spol. s. r. o. v Úrad pre verejné obstarávanie
ECLI:EU:UNKNOWN:62022CN0547
62022CN0547
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Valentina R., lawyer
14.11.2022
EN
Official Journal of the European Union
C 432/11
(Case C-547/22)
(2022/C 432/13)
Language of the case: Slovak
Referring court
Parties to the main proceedings
Applicant: INGSTEEL spol. s. r. o.
Defendant: Úrad pre verejné obstarávanie
Questions referred
1.Is the practice of a national court hearing a dispute involving a claim for compensation for damage caused to a tenderer who was unlawfully excluded from a public procurement procedure, pursuant to which compensation for loss of opportunity is denied, compatible with Article 2(1)(c), read in conjunction with Article 2(6) and (7), of [Council] Directive [89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Directive] 2007/66/EC (1) of the European Parliament and of the Council of 11 December 2007 …?
2.Is the practice of a national court hearing a dispute involving a claim for compensation for damage caused to a tenderer who was unlawfully excluded from a public procurement procedure, pursuant to which a claim for lost profits caused by the loss of opportunity to participate in a public contract is not part of the claim for compensation, compatible with Article 2(1)(c), read in conjunction with Article 2(6) and (7), of [Council] Directive [89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Directive] 2007/66/EC of the European Parliament and of the Council of 11 December 2007 …?
(1) OJ 2007 L 335, p. 31.
Language of the case: Slovak