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Case C-219/19: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 11 March 2019 — Parsec Fondazione Parco delle Scienze e della Cultura v Ministero delle Infrastrutture e dei Trasporti, Autorità nazionale anticorruzione (ANAC)
ECLI:EU:UNKNOWN:62019CN0219
62019CN0219
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17.6.2019
Official Journal of the European Union
C 206/25
(Case C-219/19)
(2019/C 206/29)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Parsec Fondazione Parco delle Scienze e della Cultura
Defendants: Ministero delle Infrastrutture e dei Trasporti, Autorità nazionale anticorruzione (ANAC)
Question referred
Does recital 14 in conjunction with Articles 19(1) and 80(2) of Directive 2014/24/EU (1) preclude a legal provision such as Article 46 of Legislative Decree No 50 of 18 April 2016, by which Italy transposed Directives 2014/23/EU, (2) 2014/24/EU and 2014/25/EU (3) into national law, which permits only economic operators created in the legal forms indicated in that provision to take part in tendering procedures for the award of ‘architectural and engineering services’, which has the effect of excluding from participation in such procedures economic operators that perform such services using a different legal form?
* Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ 2014 L 94, p. 65).
* Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ 2014 L 94, p. 1).
* Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ 2014 L 94, p. 243).
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