Official Journal of the European Union

C 114/23

(Case C-15/13)

2013/C 114/36

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Datenlotsen Informationssysteme GmbH

Defendant: Technische Universität Hamburg-Harburg

Intervener: Hochschul-Informations-System GmbH

Questions referred

1.Must a ‘public contract’ within the meaning of Article 1(2)(a) of Directive 2004/18/EC (1) of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts be interpreted as also meaning a contract in the case of which, although the contracting authority does not exercise over the contractor a control similar to that which it exercises over its own departments, both the contracting authority and the contractor are controlled by the same body, which is itself a public contracting authority within the meaning of Directive 2004/18 and the contracting authority and the contractor carry out the essential part of their activities with that common body (horizontal in-house transaction)? If the first question is answered in the affirmative:

2.Must the control similar to that which the contracting authority exercises over its own departments extend to all aspects of the contractor’s activity or is it sufficient for it to be confined to the area of procurement?

(1) OJ 2004 L 134, p.114