Request for a preliminary ruling from the Administratīvā rajona tiesa (Latvia) lodged on 15 November 2023 – SIA Latvijas Sabiedriskais Autobuss v Iepirkumu uzraudzības birojs, VSIA Autotransporta direkcija
(Case C-684/23, Latvijas Sabiedriskais Autobuss)
Language of the case: Latvian
Referring court
Administratīvā rajona tiesa
Parties to the main proceedings
Applicant: SIA Latvijas Sabiedriskais Autobuss
Defendants: Iepirkumu uzraudzības birojs, VSIA Autotransporta direkcija
Questions referred
(1) Is Article 5 of Regulation No 1370/2007 1 to be interpreted as meaning that, in the course of the public tendering procedure referred to in paragraph 3 of that article, the requirements laid down in paragraph 2(c) of that article for the participation of an internal operator in the tendering procedure must be verified?
(2) If the answer to Question 1 is in the affirmative, is Article 5(2)(c) of Regulation No 1370/2007 to be interpreted as meaning that the contracting authority, when it decides on the award of the contract, is required to verify whether all the requirements set out in that provision are met at the time of submission of the tender, while also taking into account circumstances arising after submission of the tender which may influence fair competition between the tenderers?
(3) If the answer to Question 1 is in the affirmative, is Article 5(2)(c) of Regulation No 1370/2007 to be interpreted as meaning that the extension of the period for performance of a service contract that was concluded previously amounts to another directly awarded public service contract within the meaning of that provision?
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1 Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ 2007 L 315, p. 1).