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Case C-592/21: Order of the Court (Eighth Chamber) of 30 September 2022 (request for a preliminary ruling from the Administratīvā rajona tiesa — Latvia) — ‘ĒDIENS & KM.LV’ PS v Ieslodzījuma vietu pārvalde, Iepirkumu uzraudzības birojs (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Public procurement — Directive 2014/24/EU — Conduct of the procedure — Choice of participants — Selection criteria — Technical and professional capacities — Article 58(4) — Forms of evidence — European Single Procurement Document — Article 59 — Reliance on the capacities of other entities — Article 63(1) — Group of economic operators — Condition relating to professional experience to be satisfied by the member of the group responsible, in the event of the award of the contract, for performing the activities requiring that experience — Condition not provided for in the procurement documents — Status of general partnership unaffected by the system of joint and several liability)
ECLI:EU:UNKNOWN:62021CB0592
62021CB0592
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Official Journal of the European Union
C 441/2
(Case C-592/21) (1)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Public procurement - Directive 2014/24/EU - Conduct of the procedure - Choice of participants - Selection criteria - Technical and professional capacities - Article 58(4) - Forms of evidence - European Single Procurement Document - Article 59 - Reliance on the capacities of other entities - Article 63(1) - Group of economic operators - Condition relating to professional experience to be satisfied by the member of the group responsible, in the event of the award of the contract, for performing the activities requiring that experience - Condition not provided for in the procurement documents - Status of general partnership unaffected by the system of joint and several liability)
(2022/C 441/02)
Language of the case: Latvian
Referring court
Parties to the main proceedings
Applicant: ‘ĒDIENS & KM.LV’ PS
Defendant: Ieslodzījuma vietu pārvalde, Iepirkumu uzraudzības birojs
Operative part of the order
Article 63(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, read in conjunction with Article 59 thereof
must be interpreted as meaning that where it is established that, in the event of the award of a public service contract to a group of economic operators, the performance of the activities for which experience is required will be entrusted to a single member of the group, the tendering group may rely, in order to demonstrate that it satisfies a condition relating to experience imposed by the contracting authority in accordance with Article 58(4) of that directive, solely on the experience of that member of the group, even if the procurement documents do not expressly provide that the members of a group of economic operators must individually satisfy that condition.
Date lodged: 22.9.2021.
* * *
Language of the case: Latvian.