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CJEU Case C-496/18 / Opinion

HUNGEOD Közlekedésfejlesztési, Földmérési, Út- és Vasúttervezési Kft. and Others v Közbeszerzési Hatóság Közbeszerzési Döntőbizottság

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
21/11/2019
ECLI:
ECLI:EU:C:2019:1002

Key facts of the case:

Request for a preliminary ruling from the Fővárosi Törvényszék.

Outcome of the case:

I propose that the Court answer the questions posed by the Fővárosi Törvényszék (Budapest High Court, Hungary) as follows:

  • 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, Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC, and Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC, neither require Member States to establish nor prevent them from establishing ex officio reviews by public authorities of alleged infringements of public procurement rules. However, once provided for and initiated, such reviews and their outcomes fall within the scope of application of EU law.
  • The principle of legal certainty precludes the application of national provisions allowing for ex officio review of infringements of public procurement rules that occurred before the entry into force of those new provisions, in circumstances where the time limits laid down for that purpose in the previously applicable national legislation had already expired.