CELEX: 62012CN0100
Language: en
Date: 2012-02-24 00:00:00
Title: Case C-100/12: Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte (Italy) lodged on 24 February 2012 — Fastweb SpA v Azienda Sanitaria Locale di Alessandria

26.5.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 151/15
            
         Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte (Italy) lodged on 24 February 2012 — Fastweb SpA v Azienda Sanitaria Locale di Alessandria
   (Case C-100/12)
   2012/C 151/25
   Language of the case: Italian
   
      Referring court
   
   Tribunale Amministrativo Regionale per il Piemonte
   
      Parties to the main proceedings
   
   
      Applicant: Fastweb SpA
   
      Defendant: Azienda Sanitaria Locale di Alessandria
   
      Other parties: Telecom Italia SpA, Path-net SpA
   
      Question referred
   
   Do the principles of equality of the parties, of non-discrimination and of protection of competition in public tendering procedures referred to in Directive 89/665/EEC, (1) as … amended by Directive 2007/66/EC, (2) preclude the most recent case-law (the ‘diritto vivente’) as laid down in Decision No 4 of [7 April] 2011 of the Plenary Assembly of the Consiglio di Stato, according to which the cross action, which seeks to challenge recognition of the legitimacy of the applicant in the main action by contesting its admission to the tendering procedure, must of necessity be heard before the main action and carry compelling implications for examination of the main action, even in cases where the applicant in the main action has an interest in the recommencement of the entire selection procedure (interesse strumentale) and irrespective of the number of competitors which took part in the procedure, with specific reference to cases where only two participants remained in play in that procedure (namely, the applicant in the main action and the applicant in the cross-action, the latter being also the successful tenderer), each seeking to have the other excluded on the grounds that its tender failed to meet the minimum requirements for the tender to be considered suitable?
   
      (1)  OJ 1989 L 395, p. 33.
   
      (2)  OJ 2007 L 335, p. 31.