3.6.2019
EN
Official Journal of the European Union
C 187/25
Judgment of the Court (Tenth Chamber) of 28 March 2019 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Idi Srl v Arcadis Agenzia Regionale Campana Difesa Suolo
(Case C-101/18) (1)
(Reference for a preliminary ruling - Coordination of procedures for the award of public works contracts, public supply contracts and public service contracts - Directive 2004/18/EC - Article 45(2), first subparagraph, point (b) - Personal situation of the candidate or tenderer - Possibility for the Member States to exclude from participation in a public contract any operator subject to a procedure for an arrangement with creditors - National legislation providing for the exclusion of persons subject to an ‘ongoing’ procedure for a declaration of admission to an arrangement with creditors, except where the insolvency plan provides for the continuation of the business - Operator having filed an application for an arrangement with creditors, reserving the possibility to submit a plan providing for the continuation of the business)
(2019/C 187/28)
Language of the case: Italian
Referring court
Consiglio di Stato
Parties to the main proceedings
Applicant: Idi Srl
Defendant: Arcadis — Agenzia Regionale Campana Difesa Suolo
intervening parties: Regione Campania
Operative part of the judgment
Article 45(2), first subparagraph, point (b) 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 must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which allows the exclusion from a public procurement procedure of an economic operator who, at the date of the exclusion decision, has filed an application for an arrangement with creditors, while reserving the right to present a plan which provides for the continuation of the business
(1) OJ C 166, 14.5.2018.