# C_2023035EN.01003501.xml

| 30.1.2023 | EN | Official Journal of the European Union | C 35/35 |
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30.1.2023

EN

Official Journal of the European Union

C 35/35

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Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 4 November 2022 — Adusbef — Associazione difesa utenti servizi bancari e finanziari and Others v Presidenza del Consiglio dei ministri and Others

(Case C-683/22)

(2023/C 35/41)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Lazio

Parties to the main proceedings

Applicants: Adusbef — Associazione difesa utenti servizi bancari e finanziari, AIPE — Associazione Italiana Pressure Equipment, Confimi Industria Abruzzo — Associazione dell’industria manifatturiera e dell’impresa privata dell’Abruzzo

Defendants: Presidenza del Consiglio dei ministri, Ministero dell’Economia e delle Finanze, Ministero delle Infrastrutture e della Mobilità sostenibili, DIPE — Dipartimento programmazione e coordinamento della politica economica, Autorità di regolazione dei trasporti, Corte dei Conti, Avvocatura Generale dello Stato

Questions referred

| 1. | Would it be inconsistent with [EU] law to interpret the national legislation as meaning that the awarding authority is entitled to conduct a procedure to modify an existing motorway concession, with respect to the entities concerned and the substance, or to renegotiate such a concession, without assessing and expressing a position on the obligation to launch a public procurement procedure? |
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1.

Would it be inconsistent with [EU] law to interpret the national legislation as meaning that the awarding authority is entitled to conduct a procedure to modify an existing motorway concession, with respect to the entities concerned and the substance, or to renegotiate such a concession, without assessing and expressing a position on the obligation to launch a public procurement procedure?

| 2. | Would it be inconsistent with [EU] law to interpret the national legislation as meaning that the awarding authority is entitled to conduct a procedure to modify an existing motorway concession, with respect to the entities concerned and the substance, or to renegotiate such a concession, without assessing the reliability of a concessionaire that is guilty of a serious failure to fulfil its obligations? |
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2.

Would it be inconsistent with [EU] law to interpret the national legislation as meaning that the awarding authority is entitled to conduct a procedure to modify an existing motorway concession, with respect to the entities concerned and the substance, or to renegotiate such a concession, without assessing the reliability of a concessionaire that is guilty of a serious failure to fulfil its obligations?

| 3. | Where an infringement of the principle of public procurement is established and/or the unreliability of the holder of a motorway concession is established, does [EU] law impose an obligation to terminate the relationship? |
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3.

Where an infringement of the principle of public procurement is established and/or the unreliability of the holder of a motorway concession is established, does [EU] law impose an obligation to terminate the relationship?

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