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Case C-42/13: Judgment of the Court (Tenth Chamber) of 6 November 2014 (request for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia — Italy) — Cartiera dell’Adda SpA v CEM Ambiente SpA (Public procurement — Principles of equal treatment and transparency — Directive 2004/18/EC — Grounds for excluding a tenderer from participating — Article 45 — The personal situation of the candidate or tenderer — Compulsory statement concerning the person designated as ‘technical director’ — Statement not included with the tender — Exclusion from the contract without any possibility of remedying that omission)
ECLI:EU:UNKNOWN:62013CA0042
62013CA0042
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12.1.2015
Official Journal of the European Union
C 7/3
(Case C-42/13) (<span class="super">1</span>)
((Public procurement - Principles of equal treatment and transparency - Directive 2004/18/EC - Grounds for excluding a tenderer from participating - Article 45 - The personal situation of the candidate or tenderer - Compulsory statement concerning the person designated as ‘technical director’ - Statement not included with the tender - Exclusion from the contract without any possibility of remedying that omission))
(2015/C 007/04)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Cartiera dell’Adda SpA
Defendant: CEM Ambiente SpA
Operative part of the judgment
Article 45 of Directive 2004/18/EC 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, as amended by Commission Regulation (EC) No 1177/2009 of 30 November 2009, read in conjunction with Article 2 of the directive, and the principle of equal treatment and the obligation of transparency must be interpreted as not precluding the exclusion of an economic operator from a procurement procedure on the ground that the operator has failed to comply with the requirement laid down in the contract documentation to annex to his bid, on pain of exclusion, a statement to the effect that the person designated in the bid as the operator’s technical director has not been the subject of criminal proceedings or a conviction, even where, at a date after the expiry of the deadline for submitting bids, such a statement has been provided to the contracting authority or it is shown that the person in question was identified as the technical director in error.
* Language of the case: Italian.
(1) OJ C 101, 6.4.2013.