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Case C-488/14: Request for a preliminary ruling from the Curtea de Apel Oradea (Romania) lodged on 4 November 2014 — SC Max Boegl România SRL and Others v RA Aeroportul Oradea and Others

ECLI:EU:UNKNOWN:62014CN0488

62014CN0488

November 4, 2014
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Valentina R., lawyer

26.1.2015

EN

Official Journal of the European Union

C 26/10

(Case C-488/14)

(2015/C 026/12)

Language of the case: Romanian

Referring court

Parties to the main proceedings

Applicants: SC Max Boegl România SRL, SC UTI Grup SA, Astaldi SpA, SC Construcții Napoca SA

Defendants: RA Aeroportul Oradea, SC Porr Construct SRL, Teerag-Asdag Aktiengesellschaft, SC Col-Air Trading SRL, AZVI SA, Trameco SA, Iamsat Muntenia SA

Question referred

Must Article 1(1), (2) 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 and Article 1(1), (2) and (3) of 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, as amended by Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts be interpreted as precluding legislation which makes access to review procedures of decisions of contracting authorities subject to an obligation to deposit beforehand a ‘good conduct guarantee’ such as that governed by Articles 271a and 271b of Government Emergency Ordinance No 34/2006?

Language of the case: Romanian

(1) OJ 1989 L 395, p. 33.

(2) OJ 1992 L 76, p. 14.

(3) Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ 2007 L 335, p. 31).

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