Hochtief Solutions Magyarorszagi Fioktelepe (Public procurement - Review procedures - Binding force of preliminary rulings - Opinion)

(Request for a preliminary ruling from the Székesfehérvári Törvényszék (Székesfehérvár High Court, Hungary))

(Reference for a preliminary ruling — Public procurement — Review procedures — Binding force of preliminary rulings — Member State procedural autonomy — Motion for retrial — Equivalence and effectiveness — Member State liability for breaches of EU law arising from decisions of national courts — Failure to refer under the third paragraph of Article 267 TFEU)

Article 1 of Directive 89/665/EEC on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts ( 3 ) requires the Member States to ensure that decisions taken by the contracting authorities may be reviewed effectively and that the review procedures are available to any person having or having had an interest in obtaining a particular public supply or public works contract and who has been or risks being harmed by an alleged infringement.

Sections 6:548(1) and 6:549(1) of a Polgári Törvénykönyvről szóló 2013. évi V. törvény (Law V of 2013 on the Civil Code) (‘the Civil Code’) set out under the title ‘Liability for the actions of public authorities’:

‘Section 6:548 [Liability for the actions of administrative authorities]: (1) Liability for damage caused within the scope of administrative jurisdiction shall be established only if the damage results from actions or omissions in the exercise of public authority, and if the damage cannot be abated by common remedies or by way of administrative actions.