# C_2012295EN.01002201.xml

| 29.9.2012 | EN | Official Journal of the European Union | C 295/22 |
| --- | --- | --- | --- |

29.9.2012

EN

Official Journal of the European Union

C 295/22

---

Reference for a preliminary ruling from the Tribunale amministrativo Regionale per l’Abruzzo (Italy) lodged on 25 July 2012 — Consiglio Nazionale degli Ingegneri v Comune di Castelvecchio Subequo, Comune di Barisciano

(Case C-352/12)

2012/C 295/39

Language of the case: Italian

Referring court

Referring court

Tribunale amministrativo Regionale per l’Abruzzo

Parties to the main proceedings

Parties to the main proceedings

Applicant: Consiglio Nazionale degli Ingegneri

Applicant:

Defendants: Comune di Castelvecchio Subequo, Comune di Barisciano

Defendants:

Questions referred

Questions referred

| 1. | Does Directive 2004/18/EC (1) 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, in particular Article 1(2)(a) and (d), Article 2 and Article 28 of that directive and Categories 8 and 12 in Annex [II] thereto, preclude national legislation which permits written agreements to be entered into between two contracting authorities for the provision of support to municipalities relating to the study, analysis and planning of the reconstruction of the historical centres of the municipalities of Barisciano and Castelvecchio Subequo, as described in greater detail in the technical specifications annexed to the agreement and defined by the national and regional legislation for the sector, for consideration which is not, prima facie, of a non-remunerative nature, where the authority responsible for carrying out this task may act as an economic operator? |
| --- | --- |

1.

Does Directive 2004/18/EC (1) 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, in particular Article 1(2)(a) and (d), Article 2 and Article 28 of that directive and Categories 8 and 12 in Annex [II] thereto, preclude national legislation which permits written agreements to be entered into between two contracting authorities for the provision of support to municipalities relating to the study, analysis and planning of the reconstruction of the historical centres of the municipalities of Barisciano and Castelvecchio Subequo, as described in greater detail in the technical specifications annexed to the agreement and defined by the national and regional legislation for the sector, for consideration which is not, prima facie, of a non-remunerative nature, where the authority responsible for carrying out this task may act as an economic operator?

1

| 2. | In particular, does 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, in particular Article 1(2)(a) and (d), Article 2 and Article 28 of that directive and Categories 8 and 12 in Annex [II] thereto, preclude national legislation which permits written agreements to be entered into between two contracting authorities for the provision of support to municipalities relating to the study, analysis and planning of the reconstruction of the historical centres of the municipalities of Barisciano and Castelvecchio Subequo, as described in greater detail in the technical specifications annexed to the agreement and defined by the national and regional legislation for the sector, for consideration which is not, prima facie, of a non-remunerative nature, where specific justification for the award of contracts under a privately negotiated procedure is to be found in post-emergency primary and secondary legislation, taking into account defined, specific public interests? |
| --- | --- |

2.

In particular, does 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, in particular Article 1(2)(a) and (d), Article 2 and Article 28 of that directive and Categories 8 and 12 in Annex [II] thereto, preclude national legislation which permits written agreements to be entered into between two contracting authorities for the provision of support to municipalities relating to the study, analysis and planning of the reconstruction of the historical centres of the municipalities of Barisciano and Castelvecchio Subequo, as described in greater detail in the technical specifications annexed to the agreement and defined by the national and regional legislation for the sector, for consideration which is not, prima facie, of a non-remunerative nature, where specific justification for the award of contracts under a privately negotiated procedure is to be found in post-emergency primary and secondary legislation, taking into account defined, specific public interests?

---

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

1

---