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Order of the Court (Tenth Chamber) of 12 November 2020

Order of the Court (Tenth Chamber) of 12 November 2020

Data

Court
Court of Justice
Case date
12 november 2020

Verdict

Order of the Court (Tenth Chamber) of 12 November 2020 – Novart Engineering

(Case C‑170/20)

"(Reference for a preliminary ruling - Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice - Directive 89/665/EEC - Review procedures in respect of the award of public supply and public works contracts - Scope - Directive 2014/24/EU - Article 4 - Threshold amount for public contracts - Contracts which may have some cross-border interest - No information enabling a useful answer - Request manifestly inadmissible)"

Approximation of lawsProcedures for the award of public works contracts, public supply contracts and public service contractsDirective 2014/24ScopeContract with a value below the threshold laid down by the directivePrecludedReview procedures in respect of the award of public supply and public works contractsDirective 89/665Not applicable

(European Parliament and Council Directive 2014/24, Art. 2(1), Art. 4 and Annex I; Council Directive 89/665, Art. 1(1))

(see paras 25-30)

Approximation of lawsProcedures for the award of public works contracts, public supply contracts and public service contractsDirective 2014/24ScopeContract with a value below the threshold laid down by the directivePrecludedApplication of fundamental rules and the general principles of the FEU TreatyConditionContract having a certain cross-border interestCriteria for assessment

(European Parliament and Council Directive 2014/24, Art. 4)

(see paras 31-35)

Questions referred for a preliminary rulingAdmissibilityNeed to provide the Court with sufficient information on the factual and legislative contextExistence of certain cross-border interestExistence of information enabling a useful answerNoneManifest inadmissibility

(Art. 267 TFEU; European Parliament and Council Directive 2014/24, Art. 4; Rules of Procedure of the Court of Justice, Art. 94)

(see paras 36-39)

Operative part

The request for a preliminary ruling made by the Curtea de Apel Constanţa (Court of Appeal, Constanța, Romania)), by decision of 19 March 2020, is manifestly inadmissible.