Judgment of the Court (Fifth Chamber) of 8 May 2014 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Puglia –Italy) — Idrodinamica Spurgo Velox and Others v Acquedotto Pugliese SpA

(Case C-161/13) (1)

((Public procurement - Water sector - Directive 92/13/EEC - Effective and rapid review procedures - Time-limits for bringing an action - Date from which time begins to run))

2014/C 202/10

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per la Puglia

Parties to the main proceedings

Applicants: Idrodinamica Spurgo Velox, Giovanni Putignano e figli srl, Cogeir srl, Splendor Sud srl, Sceap srl

Defendant: Acquedotto Pugliese SpA

Intervening parties: Tundo srl, Giovanni XXIII Soc. coop. arl

Re:

Request for a preliminary ruling — Tribunale Amministrativo Regionale per la Puglia — Interpretation of Article 1, 2a, 2c and 2f of Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ 1992 L 76, p. 14) — Time-limit for bringing an action — Point at which time begins to run — National legislation under which the time-limit for bringing an action begins to run with effect from the date of the notification to the applicant of the decision definitively awarding the procurement contract — Where the applicant did not become aware, until after that notification, that the rules governing the award of public procurement contracts had been infringed

Operative part of the judgment

Article 1(1) and (3) and the last subparagraph of Article 2a(2) of Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, as amended by Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007, must be interpreted as meaning that the time allowed for bringing an action for the annulment of the decision awarding a contract starts to run again where the contracting authority adopts a new decision, after the award decision has been adopted but before that contract is signed, which may affect the lawfulness of that award decision. That period starts to run from the communication of the earlier decision to the tenderers or, in the absence thereof, from when they became aware of that decision.

Where a tenderer becomes aware, after the expiry of the period for bringing an action laid down by national legislation, of an irregularity allegedly committed before the award decision was adopted, an action for the annulment of that decision may be brought only within that period, unless such a right is explicitly provided for by national law in accordance with Union law.

(1)  OJ C 189, 29.6.2013.