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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
ECLI:EU:UNKNOWN:62020CN0719
62020CN0719
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8.3.2021
EN
Official Journal of the European Union
C 79/24
(Case C-719/20)
(2021/C 79/30)
Language of the case: Italian
Referring court
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.
* 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).