Request for a preliminary ruling from the Consiglio di Giustizia amministrativa per la Regione siciliana (Italy) lodged on 2 March 2026 – Althea Italia SpA – acting in its own name and as agent for the ad hoc tendering consortium (R.T.I.) to be established with Studio Cartolano Srl, Methodos di UD and NG v Regione Siciliana – Assessorato Regionale dell’Economia and Others

(Case C-149/26, Althea Italia)

(C/2026/3505)

Language of the case: Italian

Referring court

Consiglio di Giustizia amministrativa per la Regione siciliana

Parties to the main proceedings

Applicant and appellant: Althea Italia SpA – acting in its own name and as agent for the ad hoc tendering consortium (R.T.I.) to be established with Studio Cartolano Srl, Methodos di UD and NG

Defendants and respondents: Regione Siciliana – Assessorato Regionale dell’Economia – Presidenza, Regione Siciliana – Ufficio speciale centrale unica di committenza per l’acquisizione di beni e servizi

Questions referred

Must the principles of proportionality and reasonableness referred to in Article 18(1) of Directive 2014/24/EU (1) and in Recital 101 of that directive and the provisions of Article 57(6) [of] Directive 2014/24/EU be construed as precluding the introduction or interpretation of a national rule such as Article 80(5)(f) [of] Legislative Decree No 50/2016 that requires contracting authorities, without any scope for discretionary assessment, to automatically exclude an economic operator from a procedure for the award of a public service contract on the basis of a precautionary measure issued during the course of the tendering procedure that for a few days bans that operator from contracting with the Public Administration, thereby interrupting, for that limited period only, the continuity of fulfilment of the general requirements?

Do those same provisions and the above-mentioned principles preclude the introduction or interpretation of a national rule such as Article 80(5)(f) [of] Legislative Decree No 50/2016 that does not allow contracting authorities to assess any self-cleaning measures adopted by an economic operator that, during the course of the tendering procedure, is subject to a precautionary measure that for a few days bans it from contracting with the Public Administration?

(1) 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 (OJ 2014 L 94, p. 65).