Official Journal of the European Union

C 225/47

(Case C-352/12) (<span class="super">1</span>)

(Article 99 of the Rules of Procedure - Public contracts - Directive 2004/18/EC - Article 1(2)(a) and (d) - Services - Support activities relating to the drawing up of a reconstruction plan for certain parts of the territory of a municipality damaged by an earthquake - Contract concluded between two public entities, one a university - Public entity likely to be classified as an economic operator - Extraordinary circumstances)

2013/C 225/81

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Consiglio Nazionale degli Ingegneri

Defendants: Comune di Castelvecchio Subequo and Comune di Barisciano

In the presence of: Università degli Studi Chieti Pescara — Dipartimento Scienze e Storia den’ Architettura and Scuola di Archtettura e Design Vittoria (SAD) dell’Università degli Studi di Camerino

Re:

Request for a preliminary ruling — Tribunale Amministrativo Regionale per l'Abruzzo — Interpretation of Article 1(2)(a) and (d), Articles 2 and 28 of and Annex II, categories 8 and 12 to Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114) — Award of the contract outwith the procedures for the award of contracts laid down by the directive — Contract concluded between two public administrations, under which the service provider is a university and the other party is clearly not of a remunerative nature — Supply of services consisting of the carrying out of studies, analyses and planning for the reconstruction of the historic centre of two municipalities destroyed by an earthquake — Methods of award of the contract justified by specific public interests connected with the earthquake

Operative part of the order

Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, as amended by Commission Regulation (EC) No 1177/2009 of 30 November 2009, precludes national legislation which authorises the conclusion, without recourse to competition, of a contract by which public entities institute cooperation between themselves where — which it is for the referring court to ascertain — such a contract is not intended to ensure the implementation of a public service task common to those entities, where it is not exclusively governed by considerations and requirements proper to the pursuit of objectives of public interest or where it is such as to place a private service provider in a privileged position compared with its competitors. The fact that such a contract arises in an extraordinary situation can be taken into consideration only in so far as the contracting authority ascertains that the conditions for application of Article 31(1)(c) of that directive are met.

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Language of the case: Italian.