Judgment of the Court (Ninth Chamber) of 8 July 2021 (request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas — Lithuania) — ‘Sanresa’ UAB v Aplinkos apsaugos departamentas prie Aplinkos ministerijos

(Case C-295/20) (1)

(Reference for a preliminary ruling - Public procurement - Award of a public contract for waste treatment services - Directive 2014/24/EU - Articles 58 and 70 - Classification of the obligation on the operator to hold prior written consent for cross-border shipments of waste - Condition for the performance of the contract)

(2021/C 338/10)

Language of the case: Lithuanian

Referring court

Lietuvos Aukščiausiasis Teismas

Parties to the main proceedings

Applicant:‘Sanresa’ UAB

Defendant: Aplinkos apsaugos departamentas prie Aplinkos ministerijos

Interveners: ‘Toksika’ UAB, ‘Žalvaris’ UAB, ‘Palemono keramikos gamykla’ AB, ‘Ekometrija’ UAB

Operative part of the judgment

Article 18(2) and Articles 58 and 70 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 meaning that, in the context of a procedure for the award of a public contract for waste management services, the obligation on an economic operator who wishes to ship waste from one Member State to another Member State to possess, in accordance in particular with Article 2(35) and Article 3 of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, the consent of the competent authorities of the States concerned by that shipment constitutes a condition for the performance of that contract.

Article 70 of Directive 2014/24, read in conjunction with Article 18(1) of that directive, must be interpreted as precluding the rejection of a tenderer’s tender on the sole ground that that tenderer fails to provide proof, when submitting its tender, that it satisfied a condition for the performance of the contract in question.

(1) OJ C 329, 5.10.2020.