Keywords
Summary

Keywords

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Approximation of laws - Procedures for the award of public works contracts - Directives 71/304/EEC and 71/305/EEC - Registration of contractors - Application by a holding company not itself carrying out the works but availing itself, for the purpose of proving its standing and competence, of references relating to its subsidiaries - Whether permissible - Conditions - Assessment by the national court

(Council Directives 71/304 and 71/305)

Summary

Directive 71/304 concerning the abolition of restrictions on freedom to provide services in respect of public works contracts and on the award of public works contracts to contractors acting through agencies or branches and Directive 71/305 concerning the coordination of procedures for the award of public works contracts must be interpreted as meaning that they permit, for the purposes of the assessment of the criteria to be satisfied by a contractor when an application for registration by the dominant legal person of a group is being examined, account to be taken of companies belonging to that group, provided that the legal person in question establishes that it actually has available the resources of those companies which are necessary for carrying out the works.

In a disputed case, it is for the national court to assess, in the light of the factual and legal circumstances before it, whether such proof has been produced.