The WLR Daily case summaries
[2016] WLR (D) 172
Court of Justice of the European Union
Puligienica Facility Esco SpA (PFE) v Airgest SpA (Gestione Servizi Ambientali Srl (GSA) and another intervening)
(Case C 689/13)
EU:C:2016:199
2015 March 11; April 23; July 16; Sept 15; Oct 15; 2016 April 5
President K Lenaerts; Presidents of Chambers R Silva de Lapuerta, M Ilešič, T von Danwitz, JL da Cruz Vilaça, D Šváby, F Biltgen, Judges A Rosas, E Juhász (Rapporteur), A Borg Barthet, J Malenovský, J-C Bonichot, C Vajda, S Rodin, K Jürimäe; Advocate General M Wathelet
European Union— Public procurement— Contract review procedure— Action by unsuccessful tenderer for annulment of decision awarding contract— Counterclaim by successful tenderer— Rule derived from national case law under which counterclaim to be examined first and if well founded, main action dismissed as inadmissible without any examination of merits— Whether rule compatible with EU law— Council Directive 89/665/EEC, art 1(1), (3)
European Court of Justice— Reference to— Jurisdiction— Decision of national court— Principle of law stated by decision of plenary session of supreme administrative court of member state— National legislation providing that decision binding on chambers of that court— Obligation on part of chamber required to adjudicate on question of EU law to refer question to plenary session if disagreeing with decision of plenary session— Whether chamber having discretion or under obligation to request preliminary ruling from Court of Justice— FEU Treaty, art 267FEU