CELEX: 62019CN0011
Language: en
Date: 2019-01-07 00:00:00
Title: Case C-11/19: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 7 January 2019 — Azienda ULSS No 6 Euganea v Pia Opera Croce Verde Padova

13.5.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 164/7
            
         
      Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 7 January 2019 — Azienda ULSS No 6 Euganea v Pia Opera Croce Verde Padova
      (Case C-11/19)
      (2019/C 164/08)
      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
      
         Questions referred
      
      
                  1.
               
               
                  Where both parties concerned are public bodies, do recital 28 of Directive 2014/24/EU (1) and Articles 10 and 12(4) thereof preclude the applicability of Article 5 of Veneto Regional Law 26/2012, in conjunction with Articles 1, 2, 3 and 4 thereof, on the basis of the public-public partnership referred to in Article 12(4) of Directive 2014/24/EU and Articles 5(6) of Legislative Decree 50/2016 and 15 of Law 241/1990?
               
            
                  2.
               
               
                  Where both parties concerned are public bodies, do recital 28 of Directive 2014/24/EU and Articles 10 and 12(4) thereof preclude the applicability of the provisions of Veneto Regional Law 26/2012, on the basis of the public-public partnership referred to in Article 12(4) of Directive 2014/24/EU and Articles 5(6) of Legislative Decree 50/2016 and 15 of Law 241/1990, in the limited sense of placing the contracting authority under an obligation to give the reasons for the decision to award the contract for the provision of ordinary patient transport services by way of tender procedure rather than by direct award of the contract?
               
            
         (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).