9.2.2008

Official Journal of the European Union

C 37/16

(Case C-538/07)

(2008/C 37/22)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Assitur Srl

Defendant: Camera di Commercio, Industria, Artigianato e Agricoltura di Milano

Question referred

Does Article 29 of Directive 92/50/EEC, in laying down seven grounds for exclusion from participation in service contracts, give an exhaustive list of cases of exclusion and therefore preclude Article 10(1 bis) of Law No 109/94 (now replaced by Article 34, last paragraph, of Legislative Decree No 136/86) from imposing a prohibition on simultaneous participation in a tendering procedure of undertakings which are linked by a relationship of control?

(1) OJ L 1992 209, p. 1.