Official Journal of the European Union

C 220/12

(Case C-309/18) (<span class="super note-tag">1</span>)

(Reference for a preliminary ruling - Public procurement - Directive 2014/24/EU - Labour costs - Automatic exclusion of a tenderer who has failed to state those costs separately in the tender - Principle of proportionality)

(2019/C 220/16)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Lavorgna Srl

Defendants: Comune di Montelanico, Comune di Supino, Comune di Sgurgola, Comune di Trivigliano

Intervener: Gea Srl

Operative part of the judgment

The principles of legal certainty, equal treatment and transparency, as referred to in 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, must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, under which the failure to state labour costs separately, in a financial tender submitted in a public contract award procedure, entails the exclusion of that tender without the possibility of supplementing or amending the tendering documentation, including in a situation where the obligation to state those costs separately is not specified in the tender specifications, in so far as that condition and that possibility of excluding tenders are clearly provided for by national legislation on public procurement procedures in which explicit reference was made to that legislation. However, if the provisions of the call for tenders do not allow tenderers to state those costs in their financial tenders, the principles of transparency and proportionality must be interpreted as not precluding tenderers being allowed to rectify their situation and fulfil the obligations provided for by national legislation in the field within a time limit set by the contracting authority.

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(<span class="note">1</span>) OJ C 268, 30.7.2018.