# C_2004217EN.01001102.xml

| 28.8.2004 | EN | Official Journal of the European Union | C 217/11 |
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28.8.2004

EN

Official Journal of the European Union

C 217/11

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Reference for a preliminary ruling by Il Tribunale Amministrativo Regionale della Liguria (Second Chamber) by order of that court of 22 April 2004, in case of Acquedotto Nicolay against Province of Genoa

(Case C-242/04)

(2004/C 217/21)

Reference has been made to the Court of Justice of the European Communities by order of Il Tribunale Amministrativo Regionale della Liguria, (Second Chamber) Italy of 22 April 2004 received at the Court Registry on 8 June 2004, for a preliminary ruling in the case of Acquedotto Nicolay SpA against Province of Genoa and Others on the following questions:

| — | Is whether the interpretation of Articles 12, 28, 43, 49 and 86 of the EC Treaty adopted by the Court of Justice in Case C-324/98 Teleaustria to be regarded as valid and binding on the national court even where there is no actual or potential risk of discrimination on the ground of nationality? |
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Is whether the interpretation of Articles 12, 28, 43, 49 and 86 of the EC Treaty adopted by the Court of Justice in Case C-324/98 Teleaustria to be regarded as valid and binding on the national court even where there is no actual or potential risk of discrimination on the ground of nationality?

| — | May Community law and in particular Articles 12, 28, 43, 49 and 86 of the EC Treaty be interpreted in such a way as to permit Member States, when prescribing rules governing the award of concession contracts in accordance with the aforesaid provisions (as interpreted by the Court of Justice in Case C-324/98 Teleaustria), to introduce transitional rules preserving concessions already awarded without competitive tendering and, if so, for what duration? |
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May Community law and in particular Articles 12, 28, 43, 49 and 86 of the EC Treaty be interpreted in such a way as to permit Member States, when prescribing rules governing the award of concession contracts in accordance with the aforesaid provisions (as interpreted by the Court of Justice in Case C-324/98 Teleaustria), to introduce transitional rules preserving concessions already awarded without competitive tendering and, if so, for what duration?

| — | May Article 86(2) be interpreted as permitting a derogation from Articles 12 EC, 28 EC, 43 EC and 49 EC (as interpreted by the Court of Justice in Case C-324/98 in relation to the requirement of competitive tendering for public service concessions), in the limited circumstances of a service concession being awarded for a transitional period of specified duration which is within reasonable limits, where the specific nature of the situation before the national court is such that the holding of a competitive tendering process for the concession of a public service of general economic interest, such as the integrated water service, could be detrimental to the timely implementation, activation and operation of the service in question? |
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May Article 86(2) be interpreted as permitting a derogation from Articles 12 EC, 28 EC, 43 EC and 49 EC (as interpreted by the Court of Justice in Case C-324/98 in relation to the requirement of competitive tendering for public service concessions), in the limited circumstances of a service concession being awarded for a transitional period of specified duration which is within reasonable limits, where the specific nature of the situation before the national court is such that the holding of a competitive tendering process for the concession of a public service of general economic interest, such as the integrated water service, could be detrimental to the timely implementation, activation and operation of the service in question?

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