Request for a preliminary ruling from the Okresný súd Bratislava II (Slovakia) lodged on 17 August 2022 — INGSTEEL spol. s. r. o. v Úrad pre verejné obstarávanie

(Case C-547/22)

(2022/C 432/13)

Language of the case: Slovak

Referring court

Okresný súd Bratislava II

Parties to the main proceedings

Applicant: INGSTEEL spol. s. r. o.

Defendant: Úrad pre verejné obstarávanie

Questions referred

Is the practice of a national court hearing a dispute involving a claim for compensation for damage caused to a tenderer who was unlawfully excluded from a public procurement procedure, pursuant to which compensation for loss of opportunity is denied, compatible with Article 2(1)(c), read in conjunction with Article 2(6) and (7), of [Council] Directive [89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Directive] 2007/66/EC (1) of the European Parliament and of the Council of 11 December 2007 …?

Is the practice of a national court hearing a dispute involving a claim for compensation for damage caused to a tenderer who was unlawfully excluded from a public procurement procedure, pursuant to which a claim for lost profits caused by the loss of opportunity to participate in a public contract is not part of the claim for compensation, compatible with Article 2(1)(c), read in conjunction with Article 2(6) and (7), of [Council] Directive [89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Directive] 2007/66/EC of the European Parliament and of the Council of 11 December 2007 …?

(1) OJ 2007 L 335, p. 31.