CELEX: 62012CN0352
Language: en
Date: 2012-07-25 00:00:00
Title: Case C-352/12: Reference for a preliminary ruling from the Tribunale amministrativo Regionale per l’Abruzzo (Italy) lodged on 25 July 2012 — Consiglio Nazionale degli Ingegneri v Comune di Castelvecchio Subequo, Comune di Barisciano

29.9.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 295/22
            
         Reference for a preliminary ruling from the Tribunale amministrativo Regionale per l’Abruzzo (Italy) lodged on 25 July 2012 — Consiglio Nazionale degli Ingegneri v Comune di Castelvecchio Subequo, Comune di Barisciano
   (Case C-352/12)
   2012/C 295/39
   Language of the case: Italian
   
      Referring court
   
   Tribunale amministrativo Regionale per l’Abruzzo
   
      Parties to the main proceedings
   
   
      Applicant: Consiglio Nazionale degli Ingegneri
   
      Defendants: Comune di Castelvecchio Subequo, Comune di Barisciano
   
      Questions referred
   
   
               1.
            
            
               Does Directive 2004/18/EC (1) of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, in particular Article 1(2)(a) and (d), Article 2 and Article 28 of that directive and Categories 8 and 12 in Annex [II] thereto, preclude national legislation which permits written agreements to be entered into between two contracting authorities for the provision of support to municipalities relating to the study, analysis and planning of the reconstruction of the historical centres of the municipalities of Barisciano and Castelvecchio Subequo, as described in greater detail in the technical specifications annexed to the agreement and defined by the national and regional legislation for the sector, for consideration which is not, prima facie, of a non-remunerative nature, where the authority responsible for carrying out this task may act as an economic operator?
            
         
               2.
            
            
               In particular, does Directive [2004/18/EC] of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, in particular Article 1(2)(a) and (d), Article 2 and Article 28 of that directive and Categories 8 and 12 in Annex [II] thereto, preclude national legislation which permits written agreements to be entered into between two contracting authorities for the provision of support to municipalities relating to the study, analysis and planning of the reconstruction of the historical centres of the municipalities of Barisciano and Castelvecchio Subequo, as described in greater detail in the technical specifications annexed to the agreement and defined by the national and regional legislation for the sector, for consideration which is not, prima facie, of a non-remunerative nature, where specific justification for the award of contracts under a privately negotiated procedure is to be found in post-emergency primary and secondary legislation, taking into account defined, specific public interests?
            
         
      (1)  OJ 2004 L 134, p. 114.