Request for a preliminary ruling from the Østre Landsret (Denmark) lodged on 1 December 2022 — Staten og Kommunernes Indkøbsservice A/S v BibMedia A/S

(Case C-737/22)

(2023/C 63/28)

Language of the case: Danish

Referring court

Østre Landsret

Parties to the main proceedings

Applicant: Staten og Kommunernes Indkøbsservice A/S

Defendant: BibMedia A/S

Question referred

Do the principles of transparency and equal treatment in Article 18 of the Public Procurement Directive (1) and the consequent ban on negotiations preclude a tenderer who has submitted the second most economically advantageous tender in connection with an open procedure for separate lots (see Articles 27 and 46 of the Public Procurement Directive) from being given the opportunity, after the deadline for submission of the tender has expired, and in accordance with the predetermined terms in the specifications, to supply the proposed services within a lot under the same terms as a tenderer who has submitted the most economically advantageous tender and who, therefore, is awarded another lot put out to tender at the same time?

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(1)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ 2014 L 94, p. 65).