Request for a preliminary ruling from the Vergabekammer Arnsberg (Germany) lodged on 22 October 2013 — Bundesdruckerei GmbH v Stadt Dortmund

(Case C-549/13)

2014/C 24/04

Language of the case: German

Referring court

Vergabekammer Arnsberg

Parties to the main proceedings

Applicant: Bundesdruckerei GmbH

Defendant: Stadt Dortmund

Question referred

Do Article 56 TFEU and Article 3(1) of Directive 96/71/EC (1) preclude national legislation and/or a procurement condition of a public contracting authority according to which a tenderer who wants to obtain a or the advertised public contract must (1) undertake to pay the staff appointed to carry out the contract a standard or minimum wage fixed in the legislation, and (2) impose the same obligation on an appointed or prospective subcontractor and submit a corresponding undertaking of the subcontractor to the contracting authority, where (a) the legislation provides for such an obligation only for the procurement of public contracts but not also for the award of private contracts, and (b) the subcontractor is resident in another EU Member State and the employees of the subcontractor carry out the services covered by the contract exclusively in the subcontractor’s home country?

(1)  Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ 1997 L 18, p. 1).