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.