3.9.2018

Official Journal of the European Union

C 311/10

(Case C-424/18)

(2018/C 311/11)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicants: Italy Emergenza Cooperativa Sociale, Associazione Volontaria di Pubblica Assistenza ‘Croce Verde’

Defendants: Ulss 5 Polesana Rovigo, Regione del Veneto

Questions referred

Must Article 10(h) and recital 28 of Directive 2014/24/EU (1) be interpreted as meaning that:

(a) ambulance services that require the presence on board of a driver with emergency response training and at least one emergency responder with the qualifications and skills obtained from completing a course and passing an examination in emergency response, and

(b) transport services provided with basic levels of care using emergency vehicles are covered by the exclusion laid down in the above-mentioned Article 10(h), or must they be among the services referred to in Articles 74 to 77 of Directive 2014/24/EU?

Must Directive 2014/24/EU be interpreted as precluding national legislation which provides that, even in the absence of an actual emergency,

(a) ambulance services that require the presence on board of a driver with emergency response training and at least one emergency responder with the qualifications and skills obtained from completing a course and passing an examination in emergency response, and

(b) transport services provided with basic levels of care using emergency vehicles are awarded as a priority to voluntary associations by means of direct contracting?

(1) 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).