Official Journal of the European Union

EN

C series

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C/2025/1874

7.4.2025

(Case C-869/24, Europolice)

(C/2025/1874)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant and appellant: Europolice s.r.l.

Defendants and respondents: Consip SpA, Ministero della Giustizia

Questions referred

Must EU law, and in particular Article 2(1)(10) 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), (<span class="oj-super oj-note-tag">1</span>) which defines ‘economic operator’, in relation to recitals 1 and 2 of that directive, be interpreted broadly to include the corporate group of which such an operator forms part?;

Can EU law, and in particular Article 46 of Directive 2014/24/EU relating to the division of contracts into lots, which empowers contracting authorities to divide the contract into separate lots (paragraph 1), to limit the submission of tenders ‘for one, for several or for all of the lots’ (paragraph 2), and to indicate ‘the number of lots that may be awarded to one tenderer’ (paragraph 2, [second] subparagraph), be applied by giving prominence to the corporate group to which the tenderer belongs?;

Does EU law, and in particular the general principles of certainty and proportionality, preclude the automatic exclusion from the tender procedure of a tenderer belonging to a group of companies that, in a tender procedure divided into lots, has participated and submitted tenders through its subsidiaries in excess of the participation and contract award limits laid down in the contract notice?

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(1)

OJ 2014 L 94, p. 65.

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ELI: http://data.europa.eu/eli/C/2025/1874/oj

ISSN 1977-091X (electronic edition)

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