23.11.2013
EN
Official Journal of the European Union
C 344/22
Judgment of the Court (Fifth Chamber) of 10 October 2013 (request for a preliminary ruling from the Tribunale amministrativo regionale per le Marche — Italy) — Swm Costruzioni 2 SpA, Mannocchi Luigino DI v Provincia di Fermo
(Case C-94/12) (1)
(Public contracts - Directive 2004/18/EC - Economic and financial standing - Technical and/or professional ability - Articles 47(2) and 48(3) - Right of an economic operator to rely on the capacities of other entities - Article 52 - Certification system - Public works contracts - National legislation requiring possession of a qualification certificate corresponding to the category and the value of the works covered by the contract - Prohibition on reliance on the certificates of more than one entity for works within the same category)
2013/C 344/36
Language of the case: Italian
Referring court
Tribunale amministrativo regionale per le Marche
Parties to the main proceedings
Applicants: Swm Costruzioni 2 SpA, Mannocchi Luigino DI
Defendant: Provincia di Fermo
Intervening party: Torelli Dottori SpA
Re:
Request for a preliminary ruling — Tribunale amministrativo regionale per le Marche — Interpretation of Article 47(2) 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 (OJ 2004 L 134, p. 114) — Economic and financial standing of the economic operator — Right to rely on the capacities of other entities — National legislation limiting that right to one other entity for each qualification category required by the certification body
Operative part of the judgment
Articles 47(2) and 48(3) 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, read in conjunction with Article 44(2) of that directive, must be interpreted as precluding a national provision, such as that at issue in the main proceedings, which prohibits, as a general rule, economic operators participating in a tendering procedure for a public works contract from relying on the capacities of more than one undertaking for the same qualification category.
(1) OJ C 151, 26.5.2012.
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