# C_2008247EN.01000701.xml

| 27.9.2008 | EN | Official Journal of the European Union | C 247/7 |
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27.9.2008

EN

Official Journal of the European Union

C 247/7

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Reference for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 4 July 2008 — CoNISMa (Consorzio Nazionale Interuniversitario per le Scienze del Mare) v Regione Marche

(Case C-305/08)

(2008/C 247/11)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: CoNISMa (Consorzio Nazionale Interuniversitario per le Scienze del Mare)

Applicant:

Defendant: Regione Marche

Defendant:

Questions referred

| 1. | Must the provisions of Directive 2004/18/EC (1) on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts that are referred to in section 1 above be interpreted as precluding a consortium made up solely of Italian universities and state bodies, as described in section 8 above, from taking part in a tendering procedure for the award of a service contract such as that for the acquisition of geophysical data and marine samples? |
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1.

Must the provisions of Directive 2004/18/EC (1) on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts that are referred to in section 1 above be interpreted as precluding a consortium made up solely of Italian universities and state bodies, as described in section 8 above, from taking part in a tendering procedure for the award of a service contract such as that for the acquisition of geophysical data and marine samples?

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| 2. | Are the provisions of Italian law contained in Article 3(22) and (19) and Article 34 of the Public Contracts Code, enacted by Legislative Decree No 163/2006, which provide, respectively: that ‘the term “economic operator” shall include a contractor, supplier, service provider or a group or consortium of these’ and ‘the terms “contractor”, “supplier” and “service provider” shall mean any natural or legal person, or body without legal personality, including a European Economic Interest Group (EEIG) formed pursuant to Legislative Decree No 240 of 23 July 1991, which “offers on the market”, respectively, the execution of works or a work, the supply of products or the provision of services’, contrary to Directive 2004/18/EC if interpreted as restricting participation in tendering procedures to professional providers of such services and excluding entities whose primary objects are not-for-profit, such as research? |
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2.

Are the provisions of Italian law contained in Article 3(22) and (19) and Article 34 of the Public Contracts Code, enacted by Legislative Decree No 163/2006, which provide, respectively: that ‘the term “economic operator” shall include a contractor, supplier, service provider or a group or consortium of these’ and ‘the terms “contractor”, “supplier” and “service provider” shall mean any natural or legal person, or body without legal personality, including a European Economic Interest Group (EEIG) formed pursuant to Legislative Decree No 240 of 23 July 1991, which “offers on the market”, respectively, the execution of works or a work, the supply of products or the provision of services’, contrary to Directive 2004/18/EC if interpreted as restricting participation in tendering procedures to professional providers of such services and excluding entities whose primary objects are not-for-profit, such as research?

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

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