Order of the Court (Ninth Chamber) of 7 July 2016 —
Sá Machado & Filhos
(Case C‑214/15) ( 1 )
‛Preliminary ruling — Public works contracts — Directive 2004/18/EC — Article 55 — Contract notice — Tender not accompanied by justification for abnormally low prices — Determination criteria — Article 7(c) — Value of the contract — Threshold not reached — Certain cross-border interest — Lack of information — Manifest inadmissibility’
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1. |
Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — General or hypothetical questions — Abstract and purely hypothetical question with respect to the subject matter of the dispute in the main proceedings — Inadmissibility (Art. 267 TFEU) (para. 28) |
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2. |
Approximation of laws — Procedures for the award of public works contracts, public supply contracts and public service contracts — Directive 2004/18 — Scope — Contract with a value below the threshold for application laid down by the directive — Not included — Application of the fundamental rules and general principles of the FEU Treaty — Condition — Contract having a certain cross-border interest — Criteria for assessment (European Parliament and Council Directive 2004/18, as amended by Regulation No 1251/2011, Art. 7) (see paras 29, 35, 36) |
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3. |
Questions referred for a preliminary ruling — Admissibility — Need to provide the Court with sufficient information on the factual and legislative context — Scope of the obligation in the field of public procurement (Art. 267 TFEU; Rules of Procedure of the Court of Justice, Art. 94) (see paras 37-39) |
Operative part
The request for a preliminary ruling brought by the Supremo Tribunal Administrativo (Supreme Administrative Court, Portugal), by decision of 9 April 2015, is manifestly inadmissible.
( 1 ) OJ C 254, 3.8.2015.