Case C-417/04 P: Judgment of the Court (Grand Chamber) of  2 May 2006  — Regione Siciliana v Commission of the European Communities (Appeal — European Regional Development Fund (ERDF) — Closure of Community financial assistance — Action for annulment — Admissibility — Local or regional entity — Measures of direct and individual concern to that entity — Direct concern)
Date: 2006-06-17
Institutions: Court of Justice
Subjects: EU financing, European Regional Development Fund, General Court (EU), action for annulment (EU), expenditure, infringement of EU law, interpretation of the law, project management

C 143/12

EN

Official Journal of the European Union

17.6.2006

Judgment of the Court (First Chamber) of 6 April 2006
(reference for a preliminary ruling from the Tribunale
Amministrativo Regionale per la Puglia) — Associazione
Nazionale Autotrasporto Viaggiatori (ANAV) v Commune
di Bari, A.M.T.A.B. Servizio SpA

(Case C-410/04) (1)

Judgment of the Court (Grand Chamber) of 2 May 2006 —
Regione Siciliana v Commission of the European Commu-
nities

(Case C-417/04 P) (1)

(Freedom to provide services — Local public transport service
— Award with no call for tenders — Award by a public
authority to an undertaking of which it owns the share
capital)

(Appeal — European Regional Development Fund (ERDF) —
Closure of Community financial assistance — Action for
annulment — Admissibility — Local or regional entity —
Measures of direct and individual concern to that entity —
Direct concern)

(2006/C 143/21)

Language of the case: Italian

(2006/C 143/22)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per la Puglia

Parties

Parties to the main proceedings

Appellant: Regione Siciliana (represented by: A. Cingolo and G.
Aiello, lawyers)

Applicant: Associazione Nazionale Autotrasporto Viaggiatori
(ANAV)

Defendant: Commune di Bari, A.M.T.A.B. Servizio SpA

Other party to the proceedings: Commission of the European
Communities (represented by: E. de March and L. Flynn, agents)

Re:

Re:

Reference for a preliminary ruling — Tribunale Amministrativo
Regionale per la Puglia — Compatibility with Articles 46, 49
and 86 EC of national legislation permitting a municipality to
award the management of a local public transport service to a
company the share capital of which is wholly public — Award
not made following the procedures laid down by Council
Directive 92/50/EEC of 18 June 1992 relating to the coordina-
tion of procedures for the award of public service contracts (OJ
1992 L 209, p. 1)

Instance (Third Chamber)

Appeal against the order made on 8 July 2004 by the Court of
in Case T-341/02 Regione
First
Siciliana v Commission declaring inadmissible an application
seeking annulment of Commission Decision D(2002)810439
of 5 September 2002 closing the file relating to the European
Regional Development Fund (ERDF) financial assistance for the
major project ‘Messina-Palermo motorway’

Operative part of the judgment

Operative part of the judgment

Articles 43 EC, 49 EC and 86 EC, and the principles of equal treat-
ment, non-discrimination on grounds of nationality and transparency
do not preclude national legislation which allows a public authority to
award a contract for the provision of a public service directly to a
company of which it wholly owns the share capital, provided that the
public authority exercises over that company control comparable to
that exercised over its own departments and that that company carries
out the essential part of its activities with the controlling authority.

The Court hereby:

1. Dismisses the appeal;

2. Orders the Regione Siciliana to pay the costs.

(1) OJ C 300, 4.12.2004.

(1) OJ C 300, 4.12.2004.