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Case C-697/15: Order of the Court (Sixth Chamber) of 10 November 2016 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte — Italy) — MB Srl v Società Metropolitana Acque Torino (SMAT) SpA (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Public contracts — Directive 2004/18/EC — Directive 2014/24/EU — Participation in a call for tenders — Tenderer having omitted to mention in the tender the undertaking’s charges in relation to safety and security at work — That obligation created by case-law — Exclusion from the tendering procedure without the possibility of remedying that omission)
ECLI:EU:UNKNOWN:62015CB0697
62015CB0697
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27.2.2017
Official Journal of the European Union
C 63/8
(Case C-697/15) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Public contracts - Directive 2004/18/EC - Directive 2014/24/EU - Participation in a call for tenders - Tenderer having omitted to mention in the tender the undertaking’s charges in relation to safety and security at work - That obligation created by case-law - Exclusion from the tendering procedure without the possibility of remedying that omission))
(2017/C 063/12)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: MB Srl
Defendant: Società Metropolitana Acque Torino (SMAT) SpA
Operative part of the order
The principle of equal treatment and the obligation of transparency, as implemented by Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, must be interpreted as meaning that they preclude the exclusion of a tenderer from a tendering procedure for a public works contract following that tenderer’s failure to comply with the obligation to indicate separately in the tender the undertaking’s charges in relation to safety and security at work — the failure to comply with which carries the penalty of exclusion — which is not set out expressly in the tender documents or the national rules, but is based on an interpretation of those rules and the filling in of the gaps in those documents carried out by the national court ruling at final instance. The principles of equal treatment and proportionality must also be interpreted as meaning that they do not preclude the possibility of granting that tenderer an opportunity to remedy the situation and to satisfy that obligation within a period prescribed by the contracting authority.
(<span class="note">1</span>) OJ C 106, 21.3.2016.
* * *
Language of the case: Italian.