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Document 62014CN0410

    Case C-410/14: Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 29 August 2014  — Dr. Falk Pharma GmbH v DAK-Gesundheit

    IO C 409, 17.11.2014, p. 29–29 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    17.11.2014   

    EN

    Official Journal of the European Union

    C 409/29

    Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 29 August 2014 — Dr. Falk Pharma GmbH v DAK-Gesundheit

    (Case C-410/14)

    2014/C 409/41

    Language of the case: German

    Referring court

    Oberlandesgericht Düsseldorf

    Parties to the main proceedings

    Applicant: Dr. Falk Pharma GmbH

    Defendant: DAK-Gesundheit

    Questions referred

    The following questions are referred to the Court of Justice of the European Union under Article 267 TFEU for a preliminary ruling on the interpretation of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts … (1):

    1.

    Does the concept of a ‘public contract’ under Article 1(2)(a) of Directive 2004/18/EC no longer apply if a contracting authority carries out an authorisation procedure in which it awards the contract without selecting one or more economic operators (‘openhouse model’)?

    2.

    If the answer to question 1 is that the selection of one or more economic operators is a characteristic of a public contract, the following question arises: is the characteristic of the selection of economic operators within the meaning of Article 1(2)(a) of Directive 2004/18/EC to be interpreted, in the light of Article 2 of that directive, as meaning that contracting authorities may refrain from selecting one or more economic operators by way of an authorisation procedure only if the following conditions are satisfied:

    —

    the carrying out of an authorisation procedure is published at European level,

    —

    clear rules concerning the conclusion of the contract and acceding to the contract are set,

    —

    the terms of the contract are set in advance in such a way that no economic operator is able to influence the content of the contract,

    —

    economic operators are granted the right to accede to the contract at any time;

    —

    the contracts concluded are published at European level?

    (1)  OJ 2004 L 134, p. 114.

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