Accept Refuse

EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

Document 62018CA0041

Case C-41/18: Judgment of the Court (Fourth Chamber) of 19 June 2019 (request for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania — Italy) — Meca Srl v Comune di Napoli (Reference for a preliminary ruling — Public procurement — Directive 2014/12/EU — Article 57(4)(c) and (g) — Award of public service contracts — Optional grounds for exclusion from participation in a public procurement procedure — Grave professional misconduct calling into question the integrity of an economic operator — Termination of an earlier contract on account of failures in its execution — Action before the courts preventing the contracting authority from assessing the breach of contract until the end of the judicial proceedings)

OJ C 270, 12.8.2019, p. 9–10 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

12.8.2019   

EN

Official Journal of the European Union

C 270/9


Judgment of the Court (Fourth Chamber) of 19 June 2019 (request for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania — Italy) — Meca Srl v Comune di Napoli

(Case C-41/18) (1)

(Reference for a preliminary ruling - Public procurement - Directive 2014/12/EU - Article 57(4)(c) and (g) - Award of public service contracts - Optional grounds for exclusion from participation in a public procurement procedure - Grave professional misconduct calling into question the integrity of an economic operator - Termination of an earlier contract on account of failures in its execution - Action before the courts preventing the contracting authority from assessing the breach of contract until the end of the judicial proceedings)

(2019/C 270/10)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale della Campania

Parties to the main proceedings

Applicant: Meca Srl

Defendant: Comune di Napoli

Intervener: Sirio Srl

Operative part of the judgment

Article 57(4)(c) and (g) of 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 must be interpreted as precluding national legislation pursuant to which an action before the courts against a decision to terminate a public contract, taken by a contracting authority on account of significant deficiencies arising in the execution of that contract, prevents the contracting authority which issues a new call for tenders from conducting any assessment, at the stage of the selection of tenderers, of the reliability of the operator concerned by that termination.


(1)  OJ C 142, 23.4.2018.


Top