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Case C-395/18: Judgment of the Court (Second Chamber) of 30 January 2020 (request for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio — Italy) — Tim SpA — Direzione e coordinamento Vivendi SA v Consip SpA, Ministero dell’Economia e delle Finanze (Reference for a preliminary ruling — Public procurement of supplies, works or services — Directive 2014/24/EU — Article 18(2) — Article 57(4) — Optional grounds for exclusion — Ground for exclusion of a subcontractor mentioned in the economic operator’s tender — Subcontractor’s failure to comply with environmental, social and labour law obligations — National legislation providing for automatic exclusion of the economic operator for such a failure)
ECLI:EU:UNKNOWN:62018CA0395
62018CA0395
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Valentina R., lawyer
27.4.2020
Official Journal of the European Union
C 137/11
(Case C-395/18) (1)
(Reference for a preliminary ruling - Public procurement of supplies, works or services - Directive 2014/24/EU - Article 18(2) - Article 57(4) - Optional grounds for exclusion - Ground for exclusion of a subcontractor mentioned in the economic operator’s tender - Subcontractor’s failure to comply with environmental, social and labour law obligations - National legislation providing for automatic exclusion of the economic operator for such a failure)
(2020/C 137/13)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Tim SpA — Direzione e coordinamento Vivendi SA
Defendant: Consip SpA, Ministero dell’Economia e delle Finanze
Intervener: E-VIA SpA
Operative part of the judgment
Article 57(4)(a) of 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 does not preclude national legislation under which the contracting authority has the option, or even the obligation, to exclude the economic operator who submitted the tender from participation in the contract award procedure where the ground for exclusion referred to in that provision is established in respect of one of the subcontractors mentioned in that operator’s tender. However, that provision, read in conjunction with Article 57(6) of that directive, and the principle of proportionality preclude national legislation providing for the automatic nature of such exclusion.
(1)
OJ C 301, 27.8.2018.
* * *
Language of the case: Italian