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2017-5 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2017)

handle is hein.intyb/rcbjcofi0391 and id is 1 raw text is: VRw Reports of Cases Case C-387/14 Esaprojekt sp. z o.o. V Wojew6dztwo L6dzkie (Request for a preliminary ruling from the Krajowa Izba Odwolawcza) (Reference for a preliminary ruling - Public procurement - Directive 2004/18/EC - Principles of equal treatment, non-discrimination and transparency - Technical and/or professional abilities of economic operators - Article 48(3) - Possibility to rely on the capacities of other entities - Article 51 - Possibility to supplement the tender - Article 45(2)(g) - Exclusion from participation in a public contract for serious misconduct) Summary - Judgment of the Court (Fifth Chamber), 4 May 2017 1. Approximation of laws - Procedures for the award of public works contracts, public supply contracts and public service contracts - Directive 2004/18 - Submission of tenders - Possibility for a tenderer to supplement its tender in a substantial and significant manner after the expiry of the time limit for submitting tenders - Not permissible - Breach of the principle of equal treatment and the obligation of transparency (European Parliament and Council Directive 2004/18, Arts 2 and 51) 2. Approximation of laws - Procedures for the award of public works contracts, public supply contracts and public service contracts - Directive 2004/18 - Award of contracts - Qualitative selection criteria - Technical and/or professional abilities - Possibility to rely on the capacities of other entities - Limits - Right of the contracting authority to insist on the performance of a contract which cannot be divided by a single operator - Conditions (European Parliament and Council Directive 2004/18, Arts 2, 44 and 48(2)(a) and 3) 3. Approximation of laws - Procedures for the award of public works contracts, public supply contracts and public service contracts - Directive 2004/18 - Award of contracts - Qualitative selection criteria - Technical and/or professional abilities - Possibility to rely on experience acquired as part of a group of companies in connection with another contract - Lawfulness - Condition - Actual and direct participation of the operator in that group (European Parliament and Council Directive 2004/18, Arts 2, 44 and 48(2)(a) and (3)) ECLJ:EU:C:2017:3381 1

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