# C_2022472EN.01000901.xml

| 12.12.2022 | EN | Official Journal of the European Union | C 472/9 |
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12.12.2022

EN

Official Journal of the European Union

C 472/9

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Judgment of the Court (Sixth Chamber) of 27 October 2022 (requests for a preliminary ruling from the Consiglio di Stato — Italy) — Iveco Orecchia SpA v APAM Esercizio SpA (C-68/21), Brescia Trasporti SpA (C-84/21)

(Joined Cases C-68/21 and C-84/21) (1)

(References for a preliminary ruling - Approximation of laws - Motor vehicles - Directive 2007/46/EC - Technical specifications - Offer to supply spare parts equivalent to the originals of a specific mark - Absence of proof of type-approval - Declaration of equivalence to the original by the tenderer - Concept of ‘manufacturer’ - Means of proof - Public procurement - Directive 2014/25/EU)

(2022/C 472/10)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Iveco Orecchia SpA

Defendants: APAM Esercizio SpA (C-68/21), Brescia Trasporti SpA (C-84/21)

Intervening parties: Veneta Servizi International Srl unipersonale, VAR Srl, Di Pinto & Dalessandro SpA, Bellizzi Srl

Operative part of the judgment

| 1. | Article 10(2), Article 19(1) and Article 28(1) of Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive)
  must be interpreted as meaning that they preclude a contracting authority from accepting, in the context of a call for tenders for the supply of spare parts for buses intended for public service, a tender proposing components belonging to a type of component covered by the regulatory acts listed in Annex IV to Directive 2007/46, without being accompanied by a certificate confirming the type-approval of such a component and without submitting any proof of the actual existence of such approval, provided that those regulatory acts provide for such approval. |
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1.

Article 10(2), Article 19(1) and Article 28(1) of Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive)

must be interpreted as meaning that they preclude a contracting authority from accepting, in the context of a call for tenders for the supply of spare parts for buses intended for public service, a tender proposing components belonging to a type of component covered by the regulatory acts listed in Annex IV to Directive 2007/46, without being accompanied by a certificate confirming the type-approval of such a component and without submitting any proof of the actual existence of such approval, provided that those regulatory acts provide for such approval.

| 2. | Articles 60 and 62 of Directive of the Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC
  must be interpreted as meaning that in the light of the definition of the term ‘manufacturer’ in Article 3(27) of Directive 2007/46, they preclude a contracting authority from accepting, in the context of a call for tenders for the supply of spare parts for buses intended for public service, as proof of the equivalence of components, covered by the regulatory acts listed in Annex IV to Directive 2007/46 and proposed by the tenderer, a declaration of equivalence issued by that tenderer where that tenderer cannot be regarded as being the manufacturer of those components. |
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2.

Articles 60 and 62 of Directive of the Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC

must be interpreted as meaning that in the light of the definition of the term ‘manufacturer’ in Article 3(27) of Directive 2007/46, they preclude a contracting authority from accepting, in the context of a call for tenders for the supply of spare parts for buses intended for public service, as proof of the equivalence of components, covered by the regulatory acts listed in Annex IV to Directive 2007/46 and proposed by the tenderer, a declaration of equivalence issued by that tenderer where that tenderer cannot be regarded as being the manufacturer of those components.

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(1)  OJ C 128, 12.4.2021.

OJ C 2, 3.1.2022.

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