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Case C-416/21: Request for a preliminary ruling from the Bayerisches Oberstes Landesgericht (Germany) lodged on 7 July 2021 — Landkreis A.-F. v J. Sch. Omnibusunternehmen and K. Reisen GmbH
ECLI:EU:UNKNOWN:62021CN0416
62021CN0416
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Valentina R., lawyer
25.10.2021
Official Journal of the European Union
C 431/7
(Case C-416/21)
(2021/C 431/05)
Language of the case: German
Referring court
Parties to the main proceedings
Appellant: Landkreis A.-F.
Respondents: J. Sch. Omnibusunternehmen, K. Reisen GmbH
Intervener: E. GmbH & Co. KG
Questions referred
1.Is Article 57(4)(d) of Directive 2014/24/EU (1) to be interpreted as meaning that the contracting authority must have sufficiently plausible indications to conclude that the economic operator has infringed Article 101 TFEU?
2.Is Article 57(4) of Directive 2014/24/EU to be interpreted as exhaustively regulating the optional grounds for exclusion in the sense that the principle of equal treatment (Article 18(1) of that directive) cannot preclude the award of a contract where tenders are submitted that are neither independent nor autonomous?
3.Is Article 18(1) of Directive 2014/24/EU to be interpreted as precluding the award of a contract to undertakings which constitute an economic unit and have each submitted a tender?
(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).