# C_2014093EN.01002002.xml

| 29.3.2014 | EN | Official Journal of the European Union | C 93/20 |
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29.3.2014

EN

Official Journal of the European Union

C 93/20

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Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte (Italy) lodged on 3 February 2014 — CASTA and Others v A.S.L. di Ciriè, Chivasso e Ivrea (ASL TO4) and Regione Piemonte

(Case C-50/14)

2014/C 93/33

Language of the case: Italian

Referring court

Referring court

Tribunale Amministrativo Regionale per il Piemonte

Parties to the main proceedings

Parties to the main proceedings

Applicants: Consorzio Artigiano Servizio Taxi e Autonoleggio (CASTA), Galati Lucimorto Roberto — Autonoleggio Galati, Seren Bernardone Guido — Autonoleggio Seren Guido

Applicants:

Defendants: Azienda Sanitaria Locale di Ciriè, Chivasso e Ivrea (ASL TO4), Regione Piemonte

Defendants:

Questions referred

Questions referred

| 1. | Does European Union public procurement law — in the case under examination, concerning excluded contracts and the general principles of free competition, equal treatment, transparency and proportionality — preclude national legislation under which contracts for the provision of ambulance and health-related transport services may be awarded directly to voluntary organisations organised predominantly on the basis of unpaid work and in return for genuine reimbursement of costs? |
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1.

Does European Union public procurement law — in the case under examination, concerning excluded contracts and the general principles of free competition, equal treatment, transparency and proportionality — preclude national legislation under which contracts for the provision of ambulance and health-related transport services may be awarded directly to voluntary organisations organised predominantly on the basis of unpaid work and in return for genuine reimbursement of costs?

| 2. | If such an award is regarded as compatible with Community law, must there be a prior comparison of tenders from several homogeneous (and possibly also Community) operators and recipients of a direct award in order to limit the risk of exposure to inefficient and unreasonable costs, and must the national law under which direct awards are permitted accordingly be construed to that effect? |
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2.

If such an award is regarded as compatible with Community law, must there be a prior comparison of tenders from several homogeneous (and possibly also Community) operators and recipients of a direct award in order to limit the risk of exposure to inefficient and unreasonable costs, and must the national law under which direct awards are permitted accordingly be construed to that effect?

| 3. | If such an award is regarded as compatible with Community law, must voluntary organisations which receive direct awards be subject to precise percentage limits on parallel access to the market, and must the provision of national law under which the commercial activity of those organisations has to be marginal accordingly be construed to that effect? |
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3.

If such an award is regarded as compatible with Community law, must voluntary organisations which receive direct awards be subject to precise percentage limits on parallel access to the market, and must the provision of national law under which the commercial activity of those organisations has to be marginal accordingly be construed to that effect?

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