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Case C-497/20: Judgment of the Court (Grand Chamber) of 21 December 2021 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Randstad Italia SpA v Umana SpA, Azienda USL Valle d’Aosta, IN. VA SpA, Synergie Italia agenzia per il Lavoro SpA (Reference for a preliminary ruling — Second subparagraph of Article 19(1) TEU — Obligation of Member States to provide remedies sufficient to ensure effective legal protection in the fields covered by Union law — Public procurement — Directive 89/665/EEC — Article 1(1) and (3) — Article 47 of the Charter of Fundamental Rights of the European Union — Judgment of a Member State’s highest administrative court declaring inadmissible, in breach of the case-law of the Court of Justice, an action brought by a tenderer excluded from a public procurement procedure — No remedy against that judgment before the highest court in that Member State’s judicial order — Principles of effectiveness and equivalence)
ECLI:EU:UNKNOWN:62020CA0497
62020CA0497
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Official Journal of the European Union
C 84/18
(Case C-497/20) (1)
(Reference for a preliminary ruling - Second subparagraph of Article 19(1) TEU - Obligation of Member States to provide remedies sufficient to ensure effective legal protection in the fields covered by Union law - Public procurement - Directive 89/665/EEC - Article 1(1) and (3) - Article 47 of the Charter of Fundamental Rights of the European Union - Judgment of a Member State’s highest administrative court declaring inadmissible, in breach of the case-law of the Court of Justice, an action brought by a tenderer excluded from a public procurement procedure - No remedy against that judgment before the highest court in that Member State’s judicial order - Principles of effectiveness and equivalence)
(2022/C 84/21)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Randstad Italia SpA
Defendants: Umana SpA, Azienda USL Valle d’Aosta, IN. VA SpA, Synergie Italia agenzia per il Lavoro SpA
Operative part of the judgment
Article 4(3) and Article 19(1) TEU, and Article 1(1) and (3) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding a provision of a Member State’s domestic law which, according to national case-law, has the effect that individual parties, such as tenderers who participated in a procedure for the award of a public contract, cannot challenge the conformity with EU law of a judgment of the highest court in the administrative order of that Member State by means of an appeal before the highest court in that Member State’s judicial order.
(1) OJ C 433, 14.12.2020.