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Case C-210/20: Judgment of the Court (Ninth Chamber) of 3 June 2021 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Rad Service Srl Unipersonale, Cosmo Ambiente Srl, Cosmo Scavi Srl v Del Debbio SpA, Gruppo Sei Srl, Ciclat Val di Cecina Soc. Coop., DAF Costruzioni stradali Srl (Reference for a preliminary ruling — Public procurement of service, supply and works contracts — Directive 2014/24/EU — Conduct of the tendering procedure — Choice of participants and award of contracts — Article 63 — Tenderer relying on the capacities of another entity in order to meet the requirements of the contracting authority — Article 57(4), (6) and (7) — Untruthful declarations submitted by that entity — Exclusion of that tenderer without requiring or permitting it to replace that entity — Principle of proportionality)
ECLI:EU:UNKNOWN:62020CA0210
62020CA0210
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Valentina R., lawyer
19.7.2021
Official Journal of the European Union
C 289/15
(Case C-210/20) (*)
(Reference for a preliminary ruling - Public procurement of service, supply and works contracts - Directive 2014/24/EU - Conduct of the tendering procedure - Choice of participants and award of contracts - Article 63 - Tenderer relying on the capacities of another entity in order to meet the requirements of the contracting authority - Article 57(4), (6) and (7) - Untruthful declarations submitted by that entity - Exclusion of that tenderer without requiring or permitting it to replace that entity - Principle of proportionality)
(2021/C 289/21)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicants: Rad Service Srl Unipersonale, Cosmo Ambiente Srl, Cosmo Scavi Srl
Defendants: Del Debbio SpA, Gruppo Sei Srl, Ciclat Val di Cecina Soc. Coop., DAF Costruzioni stradali Srl
other party: Azienda Unità Sanitaria Locale USL Toscana Centro
Operative part of the judgment
Article 63 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 57(4)(h) of that directive and in the light of the principle of proportionality, must be interpreted as precluding national legislation under which the contracting authority must automatically exclude a tenderer from a public procurement procedure in the case where an ancillary undertaking on whose capacities that tenderer intends to rely made an untruthful declaration as to the existence of criminal convictions that have become final, without being able to require or, at the very least, in such a case, permit that tenderer to replace that entity.
(*) Language of the case: Italian.