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Case C-547/22, INGSTEEL: Judgment of the Court (Fifth Chamber) of 6 June 2024 (request for a preliminary ruling from the Okresný súd Bratislava II – Slovakia) – INGSTEEL spol. s. r. o. v Úrad pre verejné obstarávanie (Reference for a preliminary ruling – Review procedures in respect of the award of public supply and public works contracts – Directive 89/665/EEC – Article 2(1)(c) – Compensation awarded to a tenderer unlawfully excluded from a procedure for the award of a public contract – Scope – Loss of opportunity)
ECLI:EU:UNKNOWN:62022CA0547
62022CA0547
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Official Journal of the European Union
C series
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C/2024/4435
(Case C-547/22,
INGSTEEL)
(Reference for a preliminary ruling - Review procedures in respect of the award of public supply and public works contracts - Directive 89/665/EEC - Article 2(1)(c) - Compensation awarded to a tenderer unlawfully excluded from a procedure for the award of a public contract - Scope - Loss of opportunity)
(C/2024/4435)
Language of the case: Slovak
Referring court
Parties to the main proceedings
Applicant: INGSTEEL spol. s. r. o.
Defendant: Úrad pre verejné obstarávanie
Operative part of the judgment
Article 2(1)(c) 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, as amended by Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007,
must be interpreted as precluding national legislation or a national practice which excludes the possibility, as a matter of principle, for a tenderer excluded from a procedure for the award of a public contract because of an unlawful decision of the contracting authority, of being compensated for the damage suffered as a result of the loss of the opportunity to participate in that procedure with a view to obtaining the contract concerned.
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ELI: http://data.europa.eu/eli/C/2024/4435/oj
ISSN 1977-091X (electronic edition)
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