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Case C-684/23, Latvijas Sabiedriskais Autobuss: Judgment of the Court (Tenth Chamber) of 13 February 2025 (request for a preliminary ruling from the Administratīvā rajona tiesa – Latvia) – Latvijas Sabiedriskais Autobuss SIA v Iepirkumu uzraudzības birojs, Autotransporta direkcija VSIA (Reference for a preliminary ruling – Transport – Public passenger transport services by rail and by road – Regulation (EC) No 1370/2007 – Public passenger transport services by bus – Point (c) of the third subparagraph of Article 5(2) – Award of public service contracts – Award of a contract for the provision of public transport services by bus – Award in the form of a service concession contract – Direct award by a competent local authority to an internal operator – Article 5(3) – Competitive tendering procedure – Award of a contract for the provision of public transport services by bus by another competent authority – Participation of the internal operator – Conditions)
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62023CA0684
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Official Journal of the European Union
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C/2025/1869
Judgment of the Court (Tenth Chamber) of 13 February 2025 (request for a preliminary ruling from the Administratīvā rajona tiesa – Latvia) – ‘Latvijas Sabiedriskais Autobuss’ SIA v Iepirkumu uzraudzības birojs – ‘Autotransporta direkcija’ VSIA
(Case C-684/23,
(1)
Latvijas Sabiedriskais Autobuss)
(Reference for a preliminary ruling - Transport - Public passenger transport services by rail and by road - Regulation (EC) No 1370/2007 - Public passenger transport services by bus - Point (c) of the third subparagraph of Article 5(2) - Award of public service contracts - Award of a contract for the provision of public transport services by bus - Award in the form of a service concession contract - Direct award by a competent local authority to an internal operator - Article 5(3) - Competitive tendering procedure - Award of a contract for the provision of public transport services by bus by another competent authority - Participation of the internal operator - Conditions)
(C/2025/1869)
Language of the case: Latvian
Referring court
Parties to the main proceedings
Applicant: ‘Latvijas Sabiedriskais Autobuss’ SIA
Defendants: Iepirkumu uzraudzības birojs, ‘Autotransporta direkcija’ VSIA
Operative part of the judgment
Point (c) of the third subparagraph of Article 5(2) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70, as amended by Regulation (EU) 2016/2338 of the European Parliament and of the Council of 14 December 2016,
must be interpreted as meaning that the contracting authority is not required, where an internal operator, to which a public service contract has previously been directly awarded by a competent local authority, participates in a competitive tendering procedure, within the meaning of Article 5(3) of Regulation No 1370/2007, as amended by Regulation 2016/2338, to verify that operator’s compliance with the conditions set out in point (c) of the third subparagraph of Article 5(2) in order to determine whether that operator is entitled to participate in that procedure.
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(1) OJ C C/2024/938.
ELI: http://data.europa.eu/eli/C/2025/1869/oj
ISSN 1977-091X (electronic edition)
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