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Case C-737/22, BibMedia: Judgment of the Court (Fourth Chamber) of 13 June 2024 (request for a preliminary ruling from the Østre Landsret – Denmark) – Staten og Kommunernes Indkøbsservice A/S v BibMedia A/S (Reference for a preliminary ruling – Award of public works, public supply and public service contracts – Directive 2014/24/EU – Article 18 – Principles of equal treatment and transparency – Article 46 – Division of a contract into lots – Opportunity for the tenderer which submitted the second most economically advantageous tender to be awarded a lot on the terms of the most economically advantageous tender)
ECLI:EU:UNKNOWN:62022CA0737
62022CA0737
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Official Journal of the European Union
C series
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C/2024/4561
29.7.2024
(Case C-737/22,
BibMedia)
(Reference for a preliminary ruling - Award of public works, public supply and public service contracts - Directive 2014/24/EU - Article 18 - Principles of equal treatment and transparency - Article 46 - Division of a contract into lots - Opportunity for the tenderer which submitted the second most economically advantageous tender to be awarded a lot on the terms of the most economically advantageous tender)
(C/2024/4561)
Language of the case: Danish
Referring court
Parties to the main proceedings
Applicant: Staten og Kommunernes Indkøbsservice A/S
Defendant: BibMedia A/S
Operative part of the judgment
Article 18(1) 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 meaning that the principles of equal treatment and transparency set out in that provision do not preclude, in a procedure for the award of a public contract divided into lots, the tenderer which has submitted the second most economically advantageous tender from being awarded, in accordance with the terms set out in the procurement documents, a lot on the condition that that tenderer accepts to deliver the supplies and perform the services relating to that lot at the same price as that offered by the tenderer which submitted the most economically advantageous tender and which has, therefore, been awarded another, larger lot of that contract.
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ELI: http://data.europa.eu/eli/C/2024/4561/oj
ISSN 1977-091X (electronic edition)
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Language of the case: Danish