Accept Refuse

EUR-Lex Access to European Union law

This document is an excerpt from the EUR-Lex website

Document 62017CN0014

Case C-14/17: Request for a preliminary ruling from the Consiglio di Stato (Italia) lodged on 11 January 2017 — VAR Srl v Iveco Orecchia SpA

OJ C 168, 29.5.2017, p. 19–20 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)



Official Journal of the European Union

C 168/19

Request for a preliminary ruling from the Consiglio di Stato (Italia) lodged on 11 January 2017 — VAR Srl v Iveco Orecchia SpA

(Case C-14/17)

(2017/C 168/25)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: VAR Srl

Defendant: Iveco Orecchia SpA

Questions referred


Must Article 34(8) of Directive 2004/17/EC (1) be interpreted as meaning that it requires that proof that the products to be supplied are equivalent to the original products be presented at the stage of submission of the tender?


In the alternative, in the event that Question (a) on interpretation is to be answered in the negative: which steps are required to ensure that there is respect for the principles of equal treatment and impartiality, of open competition and sound administration, and for other tenderers’ rights of defence and right to be heard?

(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).