# C_2015171EN.01002202.xml

| 26.5.2015 | EN | Official Journal of the European Union | C 171/22 |
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26.5.2015

EN

Official Journal of the European Union

C 171/22

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Request for a preliminary ruling from the Аdministrativen sad Sofia-grad (Bulgaria) lodged on 16 March 2015 — H. M. v Agentsia za darzhavna finansova inspektsia (ADFI)

(Case C-129/15)

(2015/C 171/27)

Language of the case: Bulgarian

Referring court

Referring court

Аdministrativen sad Sofia-grad

Parties to the main proceedings

Parties to the main proceedings

Appellant in cassation: H. M.

Appellant in cassation:

Respondent in cassation: Agentsia za darzhavna finansova inspektsia (ADFI)

Respondent in cassation:

Questions referred

Questions referred

| 1) | Is Article 1(9) of Directive 2004/18/EC (1) to be interpreted as meaning that a body/company is a body governed by public law merely because over 30 % of its revenue from its activity in the previous year is derived from medical activities which were paid for out of the Natsionalna zdravnoosiguritelna kasa (national health insurance fund) and carried out in conditions of effective competition with other medical establishments? |
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1)

Is Article 1(9) of Directive 2004/18/EC (1) to be interpreted as meaning that a body/company is a body governed by public law merely because over 30 % of its revenue from its activity in the previous year is derived from medical activities which were paid for out of the Natsionalna zdravnoosiguritelna kasa (national health insurance fund) and carried out in conditions of effective competition with other medical establishments?

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| 2) | Is Article 1(9) of Directive 2004/18 to be interpreted as meaning that the provision of medical services in conditions of effective competition by private companies established for profit-making purposes may be regarded as ‘meeting needs in the general interest’? |
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2)

Is Article 1(9) of Directive 2004/18 to be interpreted as meaning that the provision of medical services in conditions of effective competition by private companies established for profit-making purposes may be regarded as ‘meeting needs in the general interest’?

| 3) | Is Article 1(9) of Directive 2004/18 to be interpreted as precluding Paragraph 1, point 21 of the Additional Provisions (Dopalnitelni razporedbi) of the Law on public procurement (Zakon za obshtestvenite porachki), according to which it is sufficient, for the purposes of determining that a body is a body governed by public law, if just one of the criteria corresponding to the cumulative criteria laid down by that directive is met? |
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3)

Is Article 1(9) of Directive 2004/18 to be interpreted as precluding Paragraph 1, point 21 of the Additional Provisions (Dopalnitelni razporedbi) of the Law on public procurement (Zakon za obshtestvenite porachki), according to which it is sufficient, for the purposes of determining that a body is a body governed by public law, if just one of the criteria corresponding to the cumulative criteria laid down by that directive is met?

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(1)  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 (OJ 2004 L 134, p. 114).

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