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Case C-328/17: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Liguria (Italy) lodged on 31 May 2017 — Amt Azienda Trasporti e Mobilità SpA and Others v Atpl Liguria — Agenzia regionale per il trasporto pubblico locale SpA, Regione Liguria
ECLI:EU:UNKNOWN:62017CN0328
62017CN0328
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18.9.2017
Official Journal of the European Union
C 309/25
(Case C-328/17)
(2017/C 309/31)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicants: Amt Azienda Trasporti e Mobilità SpA, Atc Esercizio SpA, Atp Esercizio Sr, Riviera Trasporti SpA, Tpl Linea Srl
Defendants: Atpl Liguria — Agenzia regionale per il trasporto pubblico locale SpA, Regione Liguria
Question referred
Do Article 1(1), (2) and (3) and Article 2(1)(b) of Directive 89/665/EEC (1) on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, preclude a national law which recognises only economic operators that applied to take part in a tendering procedure as being able to challenge the documents relating to a tendering procedure, even when the action criticises the tendering procedure as a matter of principle because the rules of the tendering procedure make it highly unlikely that the economic operator would be awarded the contract?
(1) Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30.12.1989, p. 33).