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Case C-856/24, Sad Trasporto Locale – II: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 11 December 2024 – Sad Trasporto Locale SpA v Provincia autonoma di Bolzano
ECLI:EU:UNKNOWN:62024CN0856
62024CN0856
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Official Journal of the European Union
EN
C series
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C/2025/1530
17.3.2025
(Case C-856/24, Sad Trasporto Locale – II)
(C/2025/1530)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant and appellant: Sad Trasporto Locale SpA
Defendant and respondent: Provincia autonoma di Bolzano
Questions referred
1.Must Article 5(1) and (2) of Regulation No 1370/2007 (1) be interpreted as meaning that the rules referred to in Article 5(2) on the direct award of a public passenger transport service contract to an in-house company require a check on whether there is a transfer of the operating risk to the internal operator that is awarded the contract and that it does not apply where there is no such transfer of risk, or does the provision obviate the analysis of the transfer of operating risk altogether on the ground that an in-house company – which is subject to the requirement of similar control – is not an entity distinct from the administration?
2.Does [EU] law, in particular Article 5(2) [of] Regulation [No 1370/2007], with regard to the direct award to an internal operator of a public passenger transport service contract, in so far as it provides that such an award is possible ‘unless prohibited by national law’, preclude national legislation, of the kind provided for in Article 192(2) [of decreto legislativo (Legislative Decree) No 50/2016], which, while not prohibiting recourse to in-house providers altogether, allows it but subject to restrictions and, in particular, permits the authorities to use that model only where there is a proven situation of market failure, and not on the sole basis of an assessment of economic/administrative convenience?
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(1) 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 (OJ 2007 L 315, p. 1).
ELI: http://data.europa.eu/eli/C/2025/1530/oj
ISSN 1977-091X (electronic edition)
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