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Joined Cases C-350/17 and C-351/17: Judgment of the Court (Fourth Chamber) of 21 March 2019 (requests for a preliminary ruling from the Consiglio di Stato — Italy) — Mobit Soc. cons. arl v Regione Toscana (C-350/17), Autolinee Toscane SpA v Mobit Soc. cons. arl (C-351/17) (Reference for a preliminary ruling — Regulation (EC) No 1370/2007 — Public passenger transport services by rail and by road — Article 5 — Award of public service contracts — Article 5(2) — Direct award — Concept of ‘internal operator’ — Authority exercising similar control — Article 8(2) — Transitional arrangements — Deadline for the expiry of the direct award)
ECLI:EU:UNKNOWN:62017CA0350
62017CA0350
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Official Journal of the European Union
C 187/13
(Joined Cases C-350/17 and C-351/17) (*)
(Reference for a preliminary ruling - Regulation (EC) No 1370/2007 - Public passenger transport services by rail and by road - Article 5 - Award of public service contracts - Article 5(2) - Direct award - Concept of ‘internal operator’ - Authority exercising similar control - Article 8(2) - Transitional arrangements - Deadline for the expiry of the direct award)
(2019/C 187/14)
Language of the case: Italian
Referring court
Parties to the main proceedings
(Case C-350/17)
Applicant: Mobit Soc. cons. arl
Defendant: Regione Toscana
Interveners: Autolinee Toscane SpA, Régie Autonome des Transports Parisiens (RATP) (C-350/17)
(Case C-351/17)
Applicant: Autolinee Toscane SpA
Defendant: Mobit Soc. cons. arl
Interveners: Regione Toscana, Régie Autonome des Transports Parisiens (RATP) (C-351/17)
Operative part of the judgment
Article 5 and Article 8(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 must be interpreted as meaning that Article 5 of Regulation No 1370/2007 is not applicable to an award procedure which has been carried out before 3 December 2019, so that a competent authority which awards, by an award decision closing a competitive tendering procedure, before that date, a public service concession contract for the provision of local passenger transport by road, is not required to comply with Article 5 of that regulation.
(*) Language of the case: Italian.
OJ C 330, 2.10.2017.