Request for a preliminary ruling from the Curtea de Apel Alba Iulia (Romania) lodged on 6 June 2014 — SC Enterprise Focused Solutions SRL v Spitalul Județean de Urgență Alba Iulia

(Case C-278/14)

2014/C 303/22

Language of the case: Romanian

Referring court

Curtea de Apel Alba Iulia

Parties to the main proceedings

Appellant: SC Enterprise Focused Solutions SRL

Respondent: Spitalul Județean de Urgență Alba Iulia

Question referred

May Article 23(8) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 (1) be interpreted as meaning that, when a contracting authority defines the technical specifications of the product which is the subject of a procurement contract by reference to a particular brand, the characteristics of the ‘equivalent’ product offered must be established solely by reference to the technical specifications of products still in production, or may they be established by reference to products which are on the market but no longer in production?

(1)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114).