Puligienica Facility Esco SpA (PFE) v Airgest SpA (Gestione Servizi Ambientali Srl (GSA)

Subject Matter

EUROPEAN COURT OF JUSTICE — Reference to — Jurisdiction — National law providing that decision of plenary session of court of final instance binding on chambers of court — Whether chamber required to adjudicate on question of EU law to refer question to plenary session if disagreeing with decision of plenary session on issue — Whether chamber having duty or discretion to request preliminary ruling from Court of Justice — Whether chamber obliged to apply Court of Justice’s interpretation of EU law — FEU Treaty, art 267FEU

(Case C-689/13); EU:C:2016:199; [2017] PTSR 13; [2016] WLR (D) 172, ECJ

PUBLIC PROCUREMENT — Contract review procedure — European Union law — Action by unsuccessful tenderer for annulment of decision awarding contract — Counterclaim by successful tenderer — National case law rule that counterclaim be examined first and if well founded main action be dismissed without examination of merits — Whether rule compatible with EU law — Council Directive 89/665/EEC (as amended by Parliament and Council Directive 2007/66/EC), art 1(1)(3)

(Case C-689/13); EU:C:2016:199; [2017] PTSR 13; [2016] WLR (D) 172, ECJ