CELEX: 62020CN0719
Language: en
Date: 2020-12-30 00:00:00
Title: Case C-719/20: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 30 December 2020 — Comune di Lerici v Provincia di La Spezia

8.3.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 79/24
            
         
      Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 30 December 2020 — Comune di Lerici v Provincia di La Spezia
      (Case C-719/20)
      (2021/C 79/30)
      Language of the case: Italian
      
         Referring court
      
      Consiglio di Stato
      
         Parties to the main proceedings
      
      
         Appellant: Comune di Lerici
      
         Respondents: Provincia di La Spezia
      
         Questions referred
      
      Does Article 12 of Directive 2014/24/EU (1) of 26 February 2014 preclude national legislation which imposes a concentration of companies providing local public services of economic interest, as a result of which the economic operator succeeding the initial concession holder following transparent corporate transactions, including mergers and acquisitions, continues to operate the services until the agreed date, if:
      
                  (a)
               
               
                  the initial concession holder is a company awarded the contract in-house on the basis of similar control where several other public authorities are shareholders in that company;
               
            
                  (b)
               
               
                  the new economic operator has been selected by means of a public call for tenders;
               
            
                  (c)
               
               
                  as a result of the concentration, the requirements for similar control where several other public authorities are shareholders in that company no longer apply in relation to some of the local authorities which originally awarded the service in question.
               
            
         (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).