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Case C-333/18: Judgment of the Court (Tenth Chamber) of 5 September 2019 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Lombardi Srl v Comune di Auletta, Delta Lavori SpA, Msm Ingegneria Srl (Reference for a preliminary ruling – Review procedures on the award of public supply and public works contracts – Directive 89/665/EEC – Action for annulment of the decision awarding a public contract by a tenderer whose bid was unsuccessful – Counterclaim brought by the successful tenderer – Admissibility of the main action in the event that the counterclaim is well founded)
ECLI:EU:UNKNOWN:62018CA0333
62018CA0333
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11.11.2019
Official Journal of the European Union
C 383/26
(Case C-333/18) (*)
(Reference for a preliminary ruling - Review procedures on the award of public supply and public works contracts - Directive 89/665/EEC - Action for annulment of the decision awarding a public contract by a tenderer whose bid was unsuccessful - Counterclaim brought by the successful tenderer - Admissibility of the main action in the event that the counterclaim is well founded)
(2019/C 383/27)
Language of the case: Italian
Referring court
Parties to the main proceedings
Appellant: Lombardi Srl
Respondents: Comune di Auletta, Delta Lavori SpA, Msm Ingegneria Srl
Intervener: Robertazzi Costruzioni Srl
Operative part of the judgment
The third subparagraph of Article 1(1) and (3) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007, must be interpreted as precluding a main action for review brought by a tenderer with an interest in obtaining a particular contract who has been or could be adversely affected by an alleged breach of EU public procurement law or rules transposing that law, and seeking the exclusion of another tenderer, from being declared inadmissible in application of national jurisprudential procedural rules or which concern the treatment of reciprocal ‘excluding’ actions brought by the parties, irrespective of the number of tenderers having participated in the procurement procedure or the number of those having brought actions for review.
(*) Language of the case: Italian.