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Case C-425/18: Order of the Court (Ninth Chamber) of 4 June 2019 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte, Italy) — Consorzio Nazionale Servizi Società Cooperativa (CNS) v Gruppo Torinese Trasporti Gtt SpA (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Award of public works contracts in the water, energy, transport and postal services sectors — Directive 2004/18/EC — Article 45(2), first subparagraph, (d) — Grounds for exclusion — Grave professional misconduct — Infringement of the competition rules)
ECLI:EU:UNKNOWN:62018CB0425
62018CB0425
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26.8.2019
Official Journal of the European Union
C 288/6
(Case C-425/18) (*)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Award of public works contracts in the water, energy, transport and postal services sectors - Directive 2004/18/EC - Article 45(2), first subparagraph, (d) - Grounds for exclusion - Grave professional misconduct - Infringement of the competition rules)
(2019/C 288/06)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Consorzio Nazionale Servizi Società Cooperativa (CNS)
Defendant: Gruppo Torinese Trasporti Gtt SpA
Intervener: Consorzio Stabile Gestione Integrata Servizi Aziendali GISA, La Lucente SpA, Dussmann Service Srl, So.Co.Fat. SC
Operative part of the order
Article 45(2), first subparagraph, (d) 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 must be interpreted as precluding a national provision, such as that at issue in the main proceedings, which is interpreted as excluding from the scope of ‘grave professional misconduct’ on the part of an economic operator conduct consisting of infringement of the competition rules, which has been established and penalised by the national competition authority by decision upheld by the courts, and which precludes the contracting authorities from assessing such infringement independently for the purposes of determining whether that economic operator is to be excluded from a tender procedure for the award of a public contract, as a possible outcome.
(*) Language of the case: Italian.