Request for a preliminary ruling from the Curtea de Apel Brașov (Romania) lodged on 10 May 2021 – S. C. Techno-Gaz K.F.T. PAKS v U. A. T. Comuna Dalnic

(Case C-298/21)

Language of the case: Romanian

Referring court

Curtea de Apel Brașov

Parties to the main proceedings

Applicant– respondent: S. C. Techno-Gaz K.F.T. PAKS

Defendant – appellant: U. A. T. Comuna Dalnic

Question referred

Do the principle of the freedom to provide services under Article 56 of the Treaty on the Functioning of the European Union, Article 25 of Directive 2004/18 of the European Parliament and of the Council of 31 March 2004, ¹ and the principles of free and fair competition between economic operators and proportionality, which are specific to European Union law, preclude national legislation on public contracts, such as the Romanian rules laid down in Article 96(1) of [Hotărârea Guvernului (Government Decree)] No 925/2006, which provide that, where certain parts of a public contract are to be performed by one or more subcontractors, the contracts produced must be consistent with the tender and will form an integral part, in the annex, of the public contract, interpreted as meaning that the subcontracted services must be of the same value/price as that stipulated in the main contract for the services in question?

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¹ 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).