Case C‑161/13
Idrodinamica Spurgo Velox srl and Others
v
Acquedotto Pugliese SpA
(Request for a preliminary ruling
from the Tribunale amministrativo regionale per la Puglia)
(Public procurement— Water sector— Directive 92/13/EEC— Effective and rapid review procedures— Time-limits for bringing an action— Date from which time begins to run)
Summary— Judgment of the Court (Fifth Chamber), 8May 2014
1.Questions referred for a preliminary ruling— Admissibility— Conditions— Questions which bear a relation to the actual facts of the action
(Art. 267 TFEU)
2.Approximation of laws— Procedure for the award of public contracts in the water, energy, transport and telecommunications sectors— Directive 92/13— Time-limit for instituting proceedings— Action seeking a decision awarding a contract— Adoption by the awarding authority of a second decision, before signature of the contract, likely to affect the first decision — Point from which time begins to run— Date of communication or, failing that, of knowledge of the second decision
(Council Directive 92/13, as amended by Directive 2007/66, Arts 1(1) and (3) and 2a(2))
1.See the text of the decision.
(see paras 29-31)
2.Article1(1) and (3) and the last subparagraph of Article2a(2) of Directive 92/13 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, as amended by Directive 2007/66, must be interpreted as meaning that the time allowed for bringing an action for the annulment of the decision awarding a contract starts to run again where the contracting authority adopts a new decision, after the award decision has been adopted but before that contract is signed, which may affect the lawfulness of that award decision. That period starts to run from the communication of the earlier decision to the tenderers or, in the absence thereof, from when they became aware of that decision.
However, where a tenderer becomes aware, after the expiry of the period for bringing an action laid down by national legislation, of an irregularity allegedly committed before the award decision was adopted, an action for the annulment of that decision may be brought only within that period, unless such a right of action is explicitly provided for by national law in accordance with EU law.
(see paras 47, 48, operative part)