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Document 62013CN0427

Case C-427/13: Request for a preliminary ruling from the Autorità per la Vigilanza sui Contratti pubblici di lavori, servizi e forniture (Italy) lodged on 25 July 2013 — Emmeci v Cotral

OJ C 325, 9.11.2013, p. 12–12 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
OJ C 325, 9.11.2013, p. 11–11 (HR)

9.11.2013   

EN

Official Journal of the European Union

C 325/12

Request for a preliminary ruling from the Autorità per la Vigilanza sui Contratti pubblici di lavori, servizi e forniture (Italy) lodged on 25 July 2013 — Emmeci v Cotral

(Case C-427/13)

2013/C 325/19

Language of the case: Italian

Referring court

Autorità per la Vigilanza sui Contratti pubblici di lavori, servizi e forniture

Parties to the main proceedings

Applicant: Emmeci Srl

Defendant: Cotral SpA

Questions referred

1.

Must Article 56 of Directive 2004/17/EC (1) be interpreted as meaning that it is not permissible for the national legislature to allow contracting authorities to prevent competitors, during the final bid phase, from viewing their rankings or the bids made by other economic operators, and to postpone disclosure of that information until the end of the auction?

2.

Do Article 56 of Directive 2004/17/EC and the principles of transparency and equal treatment preclude national legislation or administrative practices, such as those described in these proceedings, which provide for a five-minute ‘black-out’ in the final phase of the electronic auction, during which competitors are unable to ascertain their respective rankings?

(1)  Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (OJ 2004 L 134, p. 1).

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