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Case C-278/14: Judgment of the Court (Fifth Chamber) of 16 April 2015 (request for a preliminary ruling from the Curtea de Apel Alba Iulia (Romania)) — SC Enterprise Focused Solutions SRL v Spitalul Județean de Urgență Alba Iulia (Reference for a preliminary ruling — Public procurement — Supply — Technical specifications — Principles of equal treatment and of non-discrimination — Obligation of transparency — Reference to a product of a particular brand — Assessment of the equivalence of the product offered by a tenderer — Reference product no longer in production)
ECLI:EU:UNKNOWN:62014CA0278
62014CA0278
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Official Journal of the European Union
C 198/15
(Case C-278/14) (<span class="super">1</span>)
((Reference for a preliminary ruling - Public procurement - Supply - Technical specifications - Principles of equal treatment and of non-discrimination - Obligation of transparency - Reference to a product of a particular brand - Assessment of the equivalence of the product offered by a tenderer - Reference product no longer in production))
(2015/C 198/19)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Applicant: SC Enterprise Focused Solutions SRL
Defendant: Spitalul Județean de Urgență Alba Iulia
Operative part of the judgment
Article 23(8) 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, as amended by Commission Regulation (EU) No 1251/2011 of 30 November 2011, is not applicable to a public contract with a value below the threshold for application laid down by that directive. In the context of a public contract not subject to that directive but which has certain cross-border interest, which it is for the referring court to ascertain, the fundamental rules and general principles of the FEU Treaty, in particular the principles of equal treatment and of non-discrimination and the consequent obligation of transparency, must be interpreted as meaning that the contracting authority cannot reject a tender which satisfies the requirements of the contract notice on grounds which are not set out in that notice.
(<span class="note">1</span>) OJ C 303, 8.9.2014.