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Case C-358/12: Judgment of the Court (Tenth Chamber) of 10 July 2014 (request for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia — Italy) — Consorzio Stabile Libor Lavori Pubblici v Comune di Milano (Request for a preliminary ruling — Public procurement — Contracts falling below the threshold provided for in Directive 2004/18/EC — Articles 49 TFEU and 56 TFEU — Principle of proportionality — Conditions for exclusion from a tender procedure — Criteria for qualitative selection relating to the personal situation of the tenderer — Obligations relating to the payment of social security contributions — Definition of serious infringement — Difference between the sums owed and those paid which exceeds EUR 100 and is greater than 5 % of the sums owed)
ECLI:EU:UNKNOWN:62012CA0358
62012CA0358
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15.9.2014
Official Journal of the European Union
C 315/4
(Case C-358/12) (<span class="super">1</span>)
((Request for a preliminary ruling - Public procurement - Contracts falling below the threshold provided for in Directive 2004/18/EC - Articles 49 TFEU and 56 TFEU - Principle of proportionality - Conditions for exclusion from a tender procedure - Criteria for qualitative selection relating to the personal situation of the tenderer - Obligations relating to the payment of social security contributions - Definition of serious infringement - Difference between the sums owed and those paid which exceeds EUR 100 and is greater than 5 % of the sums owed))
2014/C 315/05
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Consorzio Stabile Libor Lavori Pubblici
Defendant: Comune di Milano
Intervener: Pascolo Srl
Operative part of the judgment
Articles 49 TFEU and 56 TFEU and the principle of proportionality must be interpreted as not precluding national legislation which, with regard to public works contracts the value of which is below the threshold laid down in Article 7(c) 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, requires the contracting authorities to exclude from the award procedure for such a contract a tenderer who has committed an infringement relating to social security contributions where the difference between the sums owed and those paid exceeds EUR 100 and is greater than 5 % of the sums owed.
* Language of the case: Italian.
OJ C 311, 13.10.2012