Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia (Italy) lodged on 26 January 2022 – VZ v CA

(Case C-53/22)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per la Lombardia

Parties to the main proceedings

Applicant: VZ

Defendant: CA

Questions referred

Does Article 1(3) of Directive 89/665 ¹ preclude a competitor who is definitively excluded from a contractor selection procedure from being denied the possibility of a review of the refusal to annul the award, when it is intended to show that the successful tenderer, and all other shortlisted competitors, are guilty of grave professional misconduct, consisting of having entered into anticompetitive agreements which were determined by a court only after the competitor had been excluded, in order to have the opportunity to participate in a rerun of the procedure?

Does Article 1(3) of Directive 89/665 and the principles [of European Union law] on the safeguarding of competition preclude an administrative court from the scrutiny of a review, requested by a competitor definitively excluded from a contractor selection procedure, of the contracting authority’s refusal to review measures which it adopted itself, with regard to the admission of and award to competitors who have entered into anticompetitive agreements, determined by a court, in the same sector as the tender procedure?

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¹     Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ 1989 L 395, p. 33).