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2014-9 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2014)

handle is hein.intyb/rcbjcofi0362 and id is 1 raw text is: VRw Reports of Cases Case C-440/13 Croce Amica One Italia Sri V Azienda Regionale Emergenza Urgenza (AREU) (Request for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia) (Reference for a preliminary ruling - Public services contracts - Directive 2004/18/EC - Directive 89/665/EEC - Personal situation of the candidate or tenderer - Provisional award of the contract - Criminal investigations initiated in respect of the legal representative of the successful tenderer - Decision by the contracting authority not to proceed with the definitive award of the contract and to withdraw the invitation to tender - Judicial review) Summary - Judgment of the Court (Fifth Chamber), 11 December 2014 1. Approximation of laws - Procedures for the award of public works contracts, public supply contracts and public service contracts - Directive 2004/18 - Invitation to tender withdrawn - National legislation under which it is possible to withdraw the invitation to tender under certain conditions - Lawfulness - Whether a contracting authority is under an obligation to carry an award procedure to its conclusion after appointing a candidate as successful tenderer - No such obligation (European Parliament and Council Directive 2004/18, Arts 41(1) 43 and 45) 2. Approximation of laws - Review procedures in respect of the award of public supply and public works contracts - Directive 89/665 - Invitation to tender withdrawn - Member States' duty to provide for a review procedure - National legislation conferring on national courts the power to review whether a contracting authority's decision not to award a public contract was expedient - Lawfulness (Council Directive 89/665, as amended by Directive 2007/66, Art. 1(1) third para.) 1. Articles 41(1), 43 and 45 of Directive 2004/18 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts must be interpreted as meaning that, where the conditions for the application of the grounds for exclusion set out in Article 45 are not fulfilled, that article does not preclude the adoption by a contracting authority of a decision not to award a contract for which a procurement procedure has been held and not to proceed with the definitive award of the contract to the sole tenderer remaining in contention to whom the contract had been provisionally awarded. EU law does not preclude Member States from providing in their legislation for the possibility of adopting a decision to withdraw an invitation to tender. The grounds for such a decision may be based on reasons which reflect, inter alia, the assessment as to whether it is expedient, from the point of view of the public interest, to carry an award procedure to its conclusion, having regard, among ECLJ:EU:C:2014:24351 1

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