CELEX: 62019CB0011
Language: en
Date: 2020-02-06 00:00:00
Title: Case C-11/19: Order of the Court (Ninth Chamber) of 6 February 2020 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Azienda ULSS No 6 Euganea v Pia Opera Croce Verde Padova (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Public procurement — Directive 2014/24/EU — Article 10(h) — Article 12(4) — Specific exclusions for service contracts — Civil defence, civil protection, and danger prevention services — Non-profit organisations or associations — Ordinary and emergency medical transport services — Regional legislation requiring priority to be given to recourse to a partnership between contracting authorities — Freedom of the Member States to choose how services are provided — Limits — Obligation to state reasons)

21.9.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 313/4
            
         
      Order of the Court (Ninth Chamber) of 6 February 2020 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Azienda ULSS No 6 Euganea v Pia Opera Croce Verde Padova
      (Case C-11/19) (1)
      
      (Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Public procurement - Directive 2014/24/EU - Article 10(h) - Article 12(4) - Specific exclusions for service contracts - Civil defence, civil protection, and danger prevention services - Non-profit organisations or associations - Ordinary and emergency medical transport services - Regional legislation requiring priority to be given to recourse to a partnership between contracting authorities - Freedom of the Member States to choose how services are provided - Limits - Obligation to state reasons)
      (2020/C 313/05)
      Language of the case: Italian
      
         Referring court
      
      Consiglio di Stato
      
         Parties to the main proceedings
      
      
         Appellant: Azienda ULSS No 6 Euganea
      
         Respondent: Pia Opera Croce Verde Padova
      
         Interveners: Azienda Ospedaliera di Padova, Regione Veneto, Croce Verde Servizi
      
         Operative part of the order
      
      
                  1.
               
               
                  Article 10(h) and Article 12(4) of 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 must be interpreted as not precluding a regional law that makes the award of a public contract conditional on a partnership between public bodies being unable to provide the ordinary medical transport service, provided that the choice made in favour of one means of providing services in particular, made at a stage prior to that of public procurement, has due regard to the principles of equal treatment, non-discrimination, mutual recognition, proportionality and transparency.
               
            
                  2.
               
               
                  Article 10(h) and Article 12(4) of Directive 2014/24 do not preclude a regional law that requires a contracting authority to provide reasons for its decision to award the contract for the provision of ordinary patient transport services by way of a tendering procedure rather than by direct award of the contract by means of an agreement entered into with another contracting authority.
               
            
         (1)  OJ C 164, 13.5.2019.