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It is not possible to set limits to subcontracting in the context of public procurement: ECJ 26 September 2019 (C-63/18)
- 14/10/2019
With the judgment of 26 September 2019 (case C-63/18), the European Court of Justice ruled in relation to the legitimacy of the provision of the Italian Procurement Code regarding the restriction of the 30% subcontracting quota (which was currently raised to 40% by Act 55/2019).
The request for a preliminary ruling under Article 267 T.F.E.U. was made by the T.A.R. Lombardia (Regional Administrative Court of Lombardy), in the context of a judgment concerning a construction company and the contracting authority Autostrade per l’Italia, in relation to the exclusion from a call for tenders of the candidate by the contracting authority.
The Court established that Directive 2014/24/EU “must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which limits to 30% the share of the contract which the tenderer is permitted to subcontract to third parties”.
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