Official Journal of the European Union

EN

C series

—

C/2025/3404

30.6.2025

(Case C-268/25, ETS and Others)

(C/2025/3404)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicants: ETS Srl, Minnucci Associati Srl, Mi.Cos. SpA, Itesa Srl, Maceg Srl, Tekno Kons Innovation Srl, Cartorender Srl, Rilievi Topografici di Boninsegna G. & C. Snc, Tecno top Srl, I.G. Service Srl, Sub-Service Srl

Defendant: Rete Ferroviaria Italiana SpA

Questions referred

Do Article 57 of Directive 2014/24/EU, (<span class="oj-super oj-note-tag">1</span>) Article 80 of Directive 2014/25/EU (<span class="oj-super oj-note-tag">2</span>) and the [EU law] principle of proportionality preclude the introduction or interpretation of a national rule which does not allow for the exclusion or substitution of a principal of a grouping of undertakings which has infringed tax rules that have been definitively established prior to the expiry of the time limit for submitting the tender; in particular, by way of a provision according to which, in any event, the extinction, payment or commitment to pay must have taken place before the expiry of that time limit, even if the reason for exclusion ceased to exist during the tender procedure and before the adoption of the measure excluding the grouping;

if the first question is answered in the affirmative, do the same rules and principles preclude the introduction or interpretation of a national rule that does not allow for the exclusion or substitution of a principal of a grouping irrespective of the agent’s actual knowledge of the reason for the exclusion of the principal?

if the first and second questions are answered in the affirmative, do those same rules and principles preclude the introduction or interpretation of a national rule that does not allow for the exclusion or substitution of a principal where the reason for the exclusion of that principal came to the knowledge of the agent only following notification of the contracting authority’s checks?

—

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).

Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ 2014 L 94, p. 243).

—

ELI: http://data.europa.eu/eli/C/2025/3404/oj

ISSN 1977-091X (electronic edition)

—