Case C-492/06

Consorzio Elisoccorso San Raffaele

v

Elilombarda Srl and Azienda Ospedaliera Ospedale Niguarda Ca' Granda di Milano

Reference for a preliminary ruling from the Consiglio di Stato

‛Public procurement — Directive 89/665/EEC — Review procedures concerning the award of public contracts — Persons to whom review procedures must be available — Tender by a consortium — Right of each member of a consortium to bring an action individually’

Order of the Court (Sixth Chamber), 4 October 2007   I-8191

Summary of the Order

Approximation of laws — Review procedures in respect of the award of public supply and public works contracts — Directive 89/665

(Council Directive 89/665, Art 1)

Article 1 of Directive 89/665 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Directive 92/50, is to be interpreted as not precluding the possibility, under national law, for an individual member of a consortium without legal personality which has participated as such in a procedure for the award of a public contract and has not been awarded that contract to bring an action against the decision awarding that contract.

(see para. 31, operative part)