10.6.2014   

EN

Official Journal of the European Union

C 175/21

1.

Is Article 56(1) of the Treaty on the Functioning of the European Union in conjunction with Article 3(1) of 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 (1) to be interpreted as precluding a national provision which makes it mandatory for a contracting authority to award contracts only to undertakings which undertake and whose subcontractors undertake in writing, at the time of submitting the tender, to pay their employees who perform the contract a minimum wage fixed by the State for public contracts only but not for private ones, where there is neither a general statutory minimum wage nor a universally binding collective agreement that binds potential contractors and possible subcontractors?

2.

If the first question is answered in the negative:

Is European Union law in the area of public procurement, in particular Article 26 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (2) to be interpreted as precluding a national provision such as the third sentence of Paragraph 3(1) of the [Rhineland-Palatinate Land Law on guaranteeing compliance with collective agreements and minimum wages in public contract awards (LTTG)] which provides for the mandatory exclusion of a tender if an economic operator does not, already when submitting the tender, undertake in a separate declaration to do something which he would be contractually obliged to do if awarded the contract even without making that declaration?