Judgment_paragraph 31 · Lombardi Srl v Comune di Auletta and Others (C-333/18)

31The judgment of 21 December 2016, Bietergemeinschaft Technische Gebäudebetreuung und Caverion Österreich (C‑355/15, EU:C:2016:988), cited by the referring court, is not incompatible with such an interpretation. Although it is true that in paragraphs 13 to 16, 31 and 36 of that judgment, the Court held that the tenderer whose bid had been excluded by the contracting authority from a public procurement procedure could be refused access to a review of the decision awarding the public contract, in the case giving rise to that judgment, the decision to exclude that tenderer had been confirmed by a decision that had acquired the force of res judicata before the court hearing the review of the contract award decision gave its decision, so that that tenderer had to be regarded as definitively excluded from the public procurement procedure at issue (see, to that effect, judgment of 11 May 2017, Archus and Gama, C‑131/16, EU:C:2017:358, paragraph 57).