# C_2016106EN.01000301.xml

| 21.3.2016 | EN | Official Journal of the European Union | C 106/3 |
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21.3.2016

EN

Official Journal of the European Union

C 106/3

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Judgment of the Court (Fifth Chamber) of 28 January 2016 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte — Italy) — Consorzio Artigiano Servizio Taxi e Autonoleggio (CASTA) and Others v Azienda Sanitaria Locale di Ciriè, Chivasso e Ivrea (ASL TO4), Regione Piemonte

(Case C-50/14) (1)

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((Reference for a preliminary ruling - Public contracts - Articles 49 TFEU and 56 TFEU - Directive 2004/18/CE - Medical transport services - National legislation authorising regional health authorities to entrust medical transport activities to registered voluntary associations fulfilling the legal requirements, directly and without advertising, by means of reimbursement of the expenditure incurred - Lawfulness))

(2016/C 106/03)

Language of the case: Italian

Referring court

Referring court

Tribunale Amministrativo Regionale per il Piemonte

Parties to the main proceedings

Parties to the main proceedings

Applicants: Consorzio Artigiano Servizio Taxi e Autonoleggio (CASTA), Galati Lucimorto Roberto — Autonoleggio Galati, Seren Bernardone Guido — Autonoleggio Seren Guido

Applicants:

Defendants: Azienda Sanitaria Locale di Ciriè, Chivasso e Ivrea (ASL TO4), Regione Piemonte

Defendants:

Intervening parties: Associazione Croce Bianca del Canavese and Others, Associazione Nazionale Pubblica Assistenza (ANPAS) — Comitato Regionale Liguria

Intervening parties

Operative part of the judgment

Operative part of the judgment

| 1. | Articles 49 TFEU and 56 TFEU must be interpreted as meaning that they do not preclude national legislation, such as that at issue in the main proceedings, which allows local authorities to entrust the provision of medical transport services by direct award, without any form of advertising, to voluntary associations, provided that the legal and contractual framework in which the activity of those associations is carried out actually contributes to the social purpose and the pursuit of the objectives of the good of the community and budgetary efficiency; |
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1.

Articles 49 TFEU and 56 TFEU must be interpreted as meaning that they do not preclude national legislation, such as that at issue in the main proceedings, which allows local authorities to entrust the provision of medical transport services by direct award, without any form of advertising, to voluntary associations, provided that the legal and contractual framework in which the activity of those associations is carried out actually contributes to the social purpose and the pursuit of the objectives of the good of the community and budgetary efficiency;

| 2. | Where a Member State allows public authorities to make direct use of voluntary associations to carry out certain tasks, a public authority which intends to conclude contracts with such associations is not required, under EU law, to compare the proposals of various associations beforehand; |
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2.

Where a Member State allows public authorities to make direct use of voluntary associations to carry out certain tasks, a public authority which intends to conclude contracts with such associations is not required, under EU law, to compare the proposals of various associations beforehand;

| 3. | Where a Member State, which allows public authorities to make direct use of voluntary associations to carry out certain tasks, authorises those associations to engage in certain commercial activities, that Member State must establish the limits within which those activities may be carried out. Those limits must nevertheless ensure that those commercial activities are marginal, having regard to all the activities of such associations, and must support the pursuit of their voluntary activity. |
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3.

Where a Member State, which allows public authorities to make direct use of voluntary associations to carry out certain tasks, authorises those associations to engage in certain commercial activities, that Member State must establish the limits within which those activities may be carried out. Those limits must nevertheless ensure that those commercial activities are marginal, having regard to all the activities of such associations, and must support the pursuit of their voluntary activity.

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(1)  OJ C 93, 29.3.2014.

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