(Case C-309/18)

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

Question referred

Do the Community principles of the protection of legitimate expectations and legal certainty, together with the principles of the free movement of goods, the freedom of establishment and the freedom to provide services, laid down in the Treaty on the Functioning of the European Union (TFEU), as well as the principles deriving therefrom, such as equality of treatment, non-discrimination, mutual recognition, proportionality and transparency, referred to in Directive 2014/24/EU, (1) preclude the application of national legislation, such as the Italian legislation founded on the combined provisions of Article 95(10) and Article 83(9) of Legislative Decree No 50/2016, according to which the failure to list the labour costs separately in the financial tender in a procedure for the award of public services inevitably results in the exclusion of the tendering undertaking concerned without the possibility of supplementing or amending its tendering documentation, even in the case where the obligation to list those costs separately was not set out in the tender documents, and even though, in substantive terms, the tender in question actually took into account the minimum labour costs, in accordance, moreover, with a declaration for that purpose made by the tenderer?

(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).

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(1) Language of the case: Italian.