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Case C-161/13: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Puglia (Italy) lodged on 29 March 2013 — Idrodinamica Spurgo Velox and Others v Acquedotto Pugliese SpA
ECLI:EU:UNKNOWN:62013CN0161
62013CN0161
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EN
Official Journal of the European Union
C 189/3
(Case C-161/13)
2013/C 189/04
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicants: Idrodinamica Spurgo Velox and Others
Defendants: Acquedotto Pugliese SpA
Questions referred
1.Must Articles 1, 2a, 2c and 2f of Directive 1992/13/EEC (1) be interpreted as meaning that time for the purposes of bringing proceedings for a declaration that there has been an infringement of the rules governing the award of public procurements contracts runs from the date on which the applicant became aware — or, through the exercise of ordinary diligence, ought to have become aware — of the existence of that infringement?
2.Do Articles 1, 2a, 2c and 2f of Directive 1992/13/EEC preclude provisions of national procedural law, or interpretative practices, […] which allow the court to declare inadmissible an action for a declaration that there has been an infringement of the rules governing the award of public contracts, where, as a result of the conduct of the contracting authority, the applicant became aware of the infringement after the formal communication of the essential elements of the decision definitively awarding the contract?
Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ1992 L 76, p. 14).