Official Journal of the European Union

C 7/12

(Case C-631/21) (<span class="oj-super oj-note-tag">1</span>)

(Reference for a preliminary ruling - Procedures for the award of public works contracts, public supply contracts and public service contracts - Directive 2014/24/EU - Award of contracts - Article 2(1)(10) - Concept of an ‘economic operator’ - Inclusion of a general partnership without legal personality - Article 19(2) and Article 63 - Joint undertaking or reliance on the capacities of other entities of persons linked with that undertaking - Article 59(1) - Obligation to submit one or several European Single Procurement Documents (ESPD) - Purpose of the ESPD)

(2023/C 7/14)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Taxi Horn Tours BV

Defendants: gemeente Weert, gemeente Nederweert, Touringcars VOF

Operative part of the judgment

Article 59(1) 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, read in conjunction with Article 2(1)(10) and Article 63 of that directive, and with Annex 1 to Commission Implementing Regulation (EU) 2016/7 of 5 January 2016 establishing the standard form for the European Single Procurement Document,

must be interpreted as meaning that

a joint undertaking which, although not a legal person, has the form of a firm governed by the national legislation of a Member State, which appears on the commercial register of that Member State, which may have been set up on either a temporary or a permanent basis and all the joint partners of which are active on the same market as that joint undertaking and are jointly and severally liable for the proper performance of the obligations which it has entered into, must provide the contracting authority with only its own European Single Procurement Document (ESPD) when it intends to participate, on an individual basis, in a public procurement procedure or to submit a tender if it shows that it can perform the contract in question using only its own personnel and materials. If, on the other hand, for the performance of a public contract, that joint undertaking considers that it must seek the own resources of certain partners, it must be regarded as having recourse to the capacities of other entities, within the meaning of Article 63 of Directive 2014/24, and must then submit not only an ESPD for itself, but also an ESPD for each of the partners whose capacities it intends to use.

Language of the case: Dutch

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(<span class="oj-super">1</span>) OJ C 24, 17.1.2022.