ECJ (Judgment) (Grand Chamber) Reference for a preliminary ruling – Public service contracts – Directive 89/665/EEC – Article 1(1) and (3) – Review procedures – Application for annulment of the decision awarding a public contract by a tenderer whose bid was not successful – Counterclaim brought by the successful tenderer – Rule derived from national case-law under which the counterclaim must be examined first and, if the counterclaim is well founded, the main action must be dismissed as inadmissible without any examination of the merits – Whether compatible with EU law – Article 267 TFEU – Principle of the primacy of EU law – Principle of law stated by decision of the plenary session of the supreme administrative court of a Member State – National legislation which provides that that decision is binding on the chambers of that court – Obligation on the part of the chamber required to adjudicate on a question of EU law to refer that question to the plenary session if it disagrees with the decision of the plenary session – Whether the chamber has a discretion or is under an obligation to request a preliminary ruling from the Court of Justice
C-689/13, [2016] EUECJ C-689/13, ECLI:EU:C:2016:199, [2016] WLR(D) 172
Bailii, WLRD
Directive 89/665/EEC
European
Updated: 09 November 2021; Ref: scu.561990
