Request for a preliminary ruling from the Klagenævnet for Udbud (Denmark) lodged on 20 August 2014 — MT Højgaard A/S and Züblin A/S v Banedanmark

(Case C-396/14)

Language of the case: Danish

Referring court

Klagenævnet for Udbud

Parties to the main proceedings

Applicants: MT Højgaard A/S and Züblin A/S

Defendant: Banedanmark

Question referred

Is the principle of equal treatment in Article 10, cf. Article 51 of Directive 2004/17/EC ¹ of the European Parliament and of the Council to be interpreted as precluding, in situation such as the one at issue here, a contracting authority from awarding the contract to a tenderer which had not applied for pre-selection and therefore was not pre-selected?

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¹ Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (OJ 2004 L 134, p. 1).