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Case C-812/24, LIPOR and PreZero Portugal: Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 26 November 2024 – LIPOR – Associação de Municípios para a Gestão Sustentável de Resíduos do Grande Porto, PreZero Portugal, S.A. v Semural Waste & Energy, S.A.

ECLI:EU:UNKNOWN:62024CN0812

62024CN0812

November 26, 2024
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Official Journal of the European Union

C series

C/2025/1629

(Case C-812/24, LIPOR and PreZero Portugal)

(C/2025/1629)

Language of the case: Portugal

Referring court

Parties to the main proceedings

Appellants:

Respondent: Semural Waste & Energy, S.A.

Questions referred

Must Article 63(1) of Directive [2014/24/EU] (<span class="oj-super oj-note-tag">1</span>) be interpreted as meaning that a situation in which an economic operator wishes to make use, in the performance of a contract, of the facilities of an undertaking (separate legal person) whose the share capital is wholly owned by that economic operator and one of whose directors is also a director of that economic operator constitutes ‘reliance on the capacities of other entities’?

If the regulatory requirements for reliance on the capacities of other entities are regarded as satisfied, must the fact that the economic operator has not submitted, along with the tender, the [European Single Procurement Document (ESPD)] for the wholly owned undertaking be sanctioned with exclusion from the procurement procedure?

(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).

ELI: http://data.europa.eu/eli/C/2025/1629/oj

ISSN 1977-091X (electronic edition)

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