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Case C-94/12: Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per le Marche (Italy) lodged on 20 February 2012 — Swm Costruzioni 2 SpA, D. I. Mannocchi Luigino v Provincia di Fermo
ECLI:EU:UNKNOWN:62012CN0094
62012CN0094
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26.5.2012
Official Journal of the European Union
C 151/15
(Case C-94/12)
2012/C 151/24
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicants: Swm Costruzioni 2 SpA, D. I. Mannocchi Luigino
Defendant: Provincia di Fermo
Question referred
Must Article 47(2) of Directive 18/2004/EC be interpreted as precluding, in principle, the legislation of a Member State, such as the Italian legislation set out in Article 49(6) of Legislative Decree No 163/2006, which prohibits, except in special circumstances, reliance on the capacities of more than one auxiliary undertaking, and provides that ‘[f]or works contracts, the tenderer may rely on the capacities of only one auxiliary undertaking for each qualification category. The invitation to tender may permit reliance on the capacities of more than one auxiliary undertaking on account of the value of the contract or the special nature of the services to be provided …’?
(*1) OJ 2004 L 134, p. 114.