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CGUE C-395/18: on the automatic exclusion of the subcontractor without the requirements
This interpretation arose following a reference for a preliminary ruling, formulated by the Lazio Regional Administrative Tribunal, regarding the compatibility of the national discipline with Directive 2014/24.
The following queries were submitted:
- whether the Italian legislation is compatible with the abovementioned Directive, especially referring to the article 80 c. 5 of Legislative Decree 50/2016, according to which, if one of the indicated subcontractors of the contract proves to be lacking requirements, rather than providing a replacement if it is excluded;
- in the case of a positive response regarding the abovementioned query, if the mentioned national regulation is compatible with the principle of proportionality ex article 5 of the Treaty on the European Union, the general principle of the Union law, when that exclusion is provided even if there are other subcontractors not excluded and in possession of the requirements to carry out the subcontractor services or in the case in which the economic operator declares to renounce the subcontract, having their own requirements to carry out the services.