# C_2018311EN.01001002.xml

| 3.9.2018 | EN | Official Journal of the European Union | C 311/10 |
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3.9.2018

EN

Official Journal of the European Union

C 311/10

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Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Veneto (Italy) lodged on 27 June 2018 — Italy Emergenza Cooperativa Sociale, Associazione Volontaria di Pubblica Assistenza ‘Croce Verde’ v Ulss 5 Polesana Rovigo, Regione del Veneto

(Case C-424/18)

(2018/C 311/11)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Veneto

Parties to the main proceedings

Applicants: Italy Emergenza Cooperativa Sociale, Associazione Volontaria di Pubblica Assistenza ‘Croce Verde’

Defendants: Ulss 5 Polesana Rovigo, Regione del Veneto

Questions referred

| 1. | Must Article 10(h) and recital 28 of Directive 2014/24/EU (1) be interpreted as meaning that:






  (a) | ambulance services that require the presence on board of a driver with emergency response training and at least one emergency responder with the qualifications and skills obtained from completing a course and passing an examination in emergency response, and |
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1.

Must Article 10(h) and recital 28 of Directive 2014/24/EU (1) be interpreted as meaning that:

(a)

ambulance services that require the presence on board of a driver with emergency response training and at least one emergency responder with the qualifications and skills obtained from completing a course and passing an examination in emergency response, and

| (b) | transport services provided with basic levels of care using emergency vehicles
  are covered by the exclusion laid down in the above-mentioned Article 10(h), or must they be among the services referred to in Articles 74 to 77 of Directive 2014/24/EU? |
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(b)

transport services provided with basic levels of care using emergency vehicles

are covered by the exclusion laid down in the above-mentioned Article 10(h), or must they be among the services referred to in Articles 74 to 77 of Directive 2014/24/EU?

| 2. | Must Directive 2014/24/EU be interpreted as precluding national legislation which provides that, even in the absence of an actual emergency,






  (a) | ambulance services that require the presence on board of a driver with emergency response training and at least one emergency responder with the qualifications and skills obtained from completing a course and passing an examination in emergency response, and |
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2.

Must Directive 2014/24/EU be interpreted as precluding national legislation which provides that, even in the absence of an actual emergency,

(a)

ambulance services that require the presence on board of a driver with emergency response training and at least one emergency responder with the qualifications and skills obtained from completing a course and passing an examination in emergency response, and

| (b) | transport services provided with basic levels of care using emergency vehicles
  are awarded as a priority to voluntary associations by means of direct contracting? |
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(b)

transport services provided with basic levels of care using emergency vehicles

are awarded as a priority to voluntary associations by means of direct contracting?

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(1)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ 2014 L 94, p. 65).

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