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Case C-531/16: Judgment of the Court (Fourth Chamber) of 17 May 2018 (request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas — Lithuania) — Šiaulių regiono atliekų tvarkymo centras, ‘Ecoservice projektai’ UAB, formerly ‘Specializuotas transportas’ UAB (Reference for a preliminary ruling — Directive 2004/18/EC — Procedures for the award of public works contracts, public supply contracts and public service contracts — Links between tenderers having submitted separate tenders in the same procedure — Obligations of the tenderers, of the contracting authority and of the national court)
ECLI:EU:UNKNOWN:62016CA0531
62016CA0531
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(Case C-531/16) (*1)
Language of the case: Lithuanian
Referring court
Parties to the main proceedings
Applicants: Šiaulių regiono atliekų tvarkymo centras, ‘Ecoservice projektai’ UAB, formerly ‘Specializuotas transportas’ UAB
Interveners: ‘VSA Vilnius’ UAB, ‘Švarinta’ UAB, ‘Specialus autotransportas’ UAB, ‘Ecoservice’ UAB
Operative part of the judgment
Article 2 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 meaning that:
—failing any express legislative provision or specific condition in the call for tenders or in the tender specifications governing the conditions for the award of a public contract, related tenderers submitting separate offers in the same procedure are not obliged to disclose, on their own initiative, the links between them to the contracting authority;
—the contracting authority, when it has evidence that calls into question the autonomous and independent character of the tenders submitted by certain tenderers, is obliged to verify, requesting, where appropriate, additional information from those tenderers, whether their offers are in fact autonomous and independent. If the offers prove not to be autonomous and independent, Article 2 of Directive 2004/18 precludes the award of the contract to the tenderers having submitted those tenders.
* Language of the case: Lithuanian.
(1) OJ C 6, 9.1.2017.