Opinion of the Advocate General — ECLI:EU:C:2018:907
Date: 2018-11-14
Language of the case: German
Subject matter: Right of establishment;Approximation of laws;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Germany

Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 2 August 2017 — Falck Rettungsdienste GmbH, Falck A/S v Stadt Solingen (Case C-465/17) Language of the case: German Referring court Oberlandesgericht Düsseldorf Parties to the main proceedings Applicants: Falck Rettungsdienste GmbH, Falck A/S Defendant: Stadt Solingen Other parties to the proceedings: Arbeiter-Samariter-Bund Regionalverband Bergisch Land e.V., Malteser Hilfsdienst e.V., Deutsches Rotes Kreuz, Kreisverband Solingen e.V. Questions referred Do the care and treatment of emergency patients in an ambulance by a medical technician/paramedic and the care and treatment of patients in a patient transport ambulance by a paramedic/medical assistant constitute ‘civil defence, civil protection, and danger prevention services’ within the meaning of Article 10(h) of Directive 2014/24/EU 1 which come under CPV (Common Procurement Vocabulary) codes 75252000-7 (Rescue services) and 85143000-3 (Ambulance services)? Can Article 10(h) of Directive 2014/24/EU be understood as meaning that ‘non-profit organisations or associations’ include, in particular, aid organisations that are recognised under national law as civil defence and civil protection organisations? Are ‘non-profit organisations or associations’ within the meaning of Article 10(h) of Directive 2014/24/EU those whose mission is fulfilled in the achievement of tasks in the public good, which do not operate with a view to making a profit and which reinvest any profits in order to realise the mission of the organisation? Is the transport of a patient in an ambulance while care is provided by a paramedic/medical assistant (so-called qualified patient transport) a ‘patient transport ambulance service’ within the meaning of Article 10(h) of Directive 2014/24/EU, which is not covered by the exception and to which Directive 2014/24/EU applies? ____________ 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).