Judgment of the Court (Tenth Chamber), 4 July 2013
Judgment of the Court (Tenth Chamber), 4 July 2013.#Fastweb SpA v Azienda Sanitaria Locale di Alessandria.#Request for a preliminary ruling from the Tribunale amministrativo regionale per il Piemonte.#Public procurement — Directive 89/665/EEC — Public procurement review — Action brought by an unsuccessful tenderer for review of a decision awarding a contract — Action for review based on the ground that the bid selected did not meet the technical specifications for the contract — Counterclaim made by the successful tenderer alleging that certain technical specifications for the contract were not respected in the bid submitted by the tenderer seeking review — Neither of those bids in compliance with the technical specifications for the contract — National case-law requiring that the counterclaim be examined first and, where such a counterclaim proves well founded, that the main action be declared inadmissible without any consideration of its merits — Whether compatible with EU law.#Case C‑100/12.
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