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Case C-41/18: Judgment of the Court (Fourth Chamber) of 19 June 2019 (request for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania — Italy) — Meca Srl v Comune di Napoli (Reference for a preliminary ruling — Public procurement — Directive 2014/12/EU — Article 57(4)(c) and (g) — Award of public service contracts — Optional grounds for exclusion from participation in a public procurement procedure — Grave professional misconduct calling into question the integrity of an economic operator — Termination of an earlier contract on account of failures in its execution — Action before the courts preventing the contracting authority from assessing the breach of contract until the end of the judicial proceedings)
ECLI:EU:UNKNOWN:62018CA0041
62018CA0041
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Official Journal of the European Union
C 270/9
(Case C-41/18) (<span class="super note-tag">1</span>)
(Reference for a preliminary ruling - Public procurement - Directive 2014/12/EU - Article 57(4)(c) and (g) - Award of public service contracts - Optional grounds for exclusion from participation in a public procurement procedure - Grave professional misconduct calling into question the integrity of an economic operator - Termination of an earlier contract on account of failures in its execution - Action before the courts preventing the contracting authority from assessing the breach of contract until the end of the judicial proceedings)
(2019/C 270/10)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Meca Srl
Defendant: Comune di Napoli
Intervener: Sirio Srl
Operative part of the judgment
Article 57(4)(c) and (g) 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 must be interpreted as precluding national legislation pursuant to which an action before the courts against a decision to terminate a public contract, taken by a contracting authority on account of significant deficiencies arising in the execution of that contract, prevents the contracting authority which issues a new call for tenders from conducting any assessment, at the stage of the selection of tenderers, of the reliability of the operator concerned by that termination.
(<span class="note">1</span>) OJ C 142, 23.4.2018.