Case C-241/04: Reference for a preliminary ruling by the Il Tribunale Amminstrativo Regionale della Liguria (Second Chamber) by order of that court of 22 April 2004, in case of Acquedotto De Ferrari Galliera s.p.a. against Province of Genoa
Date: 2004-08-28
Institutions: Court of Justice
Subjects: derogation from EU law, discrimination on the basis of nationality, interpretation of the law, invitation to tender, public contract, service concession, services contract, services of general interest

28.8.2004

EN

Official Journal of the European Union

C 217/11

Reference for a preliminary ruling by the Il Tribunale
Amminstrativo Regionale della Liguria (Second Chamber)
by order of that court of 22 April 2004, in case of Acque-
dotto De Ferrari Galliera s.p.a. against Province of Genoa

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 Acque-
dotto Nicolay against Province of Genoa

(Case C-241/04)

(Case C-242/04)

(2004/C 217/20)

(2004/C 217/21)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Il Tribunale Amminstrativo
(Second Chamber) Italy of 22 April
Regionale della Liguria,
2004 received at the Court Registry on 8 June 2004, for a
preliminary ruling in the case of Acquedotto De Ferrari Galliera
s.p.a against Province of Genoa and Others on the following
questions:

Reference has been made to the Court of Justice of the Euro-
pean 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 ques-
tions:

— Is the interpretation of Articles 12 EC, 28 EC, 43 EC, 49 EC
and 86 EC 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?

— 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 nation-
ality?

— May Community law and in particular Articles 12 EC, 28
EC, 43 EC, 49 EC and 86 EC 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 transi-
tional rules preserving concessions already awarded without
competitive tendering and, if so, for what duration?

— 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 inter-
preted 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?

— May Article 86(2) be interpreted as permitting a derogation
from Articles 12 EC, 28 EC, 43 EC and 49 EC (as inter-
preted 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?