Judgment_paragraph 50 · SC Star Storage SA and Others v Institutul Naţional de Cercetare-Dezvoltare în Informatică (ICI) and Others (C-439/14, C-488/14)

50It must be held that, in the cases in the main proceedings, the legal basis for the good conduct guarantee is clearly and precisely defined by the OUG No 34/2006, so that it must be regarded as being provided for by the national legislation (see judgments of 27 May 2014, Spasic, C‑129/14 PPU, EU:C:2014:586; of 6 October 2015, Delvigne, C‑650/13, EU:C:2015:648, paragraph 47; and of 17 December 2015, WebMindLicenses, C‑419/14, EU:C:2015:832, paragraph 81). Furthermore, the fact that the good conduct guarantee may reach the substantial amount of EUR 25000 or EUR 100000 cannot lead to the conclusion that the obligation to give such a guarantee undermines the fundamental content of the right to an effective remedy since, in any event, that guarantee, cannot be kept by the contracting authority, whatever the outcome of the action.