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Case C-314/09: Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 7 August 2009 — Stadt Graz v Strabag AG, Teerag-Asdag AG, Bauunternehmung Granit GesmbH
ECLI:EU:UNKNOWN:62009CN0314
62009CN0314
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Official Journal of the European Union
C 267/35
(Case C-314/09)
2009/C 267/65
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Stadt Graz
Respondents: Strabag AG, Teerag-Asdag AG, Bauunternehmung Granit GesmbH
Questions referred
1.Does Article 1(1)(c) 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, or other provisions of that directive, preclude a national rule under which damages claims for the contracting authority’s infringement of Community procurement law are subject to the requirement of fault, also where that rule is applied to the effect that in principle fault on the part of organs of the contracting authority is to be assumed and its reliance on the absence of individual abilities, and thus to a lack of personal fault, is excluded?
2.If question 1 is answered in the negative: Is Article 2(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 to be interpreted as meaning that, for the purposes of the obligation in it to ensure the effective enforcement of decisions taken in review procedures, the decision of a procurement review body binds all parties to the procedure, thus also including the contracting authority?
3.If question 2 is answered in the affirmative: Is it permissible under Article 2(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 for the contracting authority to disregard a final decision of a procurement review body, or is it even obliged to disregard it and, if so, under what conditions?
(1) OJ 1989 L 395, p. 33.