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Case C-701/15: Judgment of the Court (Ninth Chamber) of 13 July 2017 (request for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia — Italy) — Malpensa Logistica Europa SpA v SEA — Società Esercizi Aeroportuali SpA (Reference for a preliminary ruling — Public procurement — Transport — Definition of ‘exploitation of a geographical area for the purpose of the provisions of airports or other terminal facilities to carriers by air’ — Directives 2004/17/EC and 96/67/EC — National legislation which does not require a tendering procedure to be conducted prior to the allocation of areas within an airport)
ECLI:EU:UNKNOWN:62015CA0701
62015CA0701
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Official Journal of the European Union
C 293/4
(Case C-701/15) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Public procurement - Transport - Definition of ‘exploitation of a geographical area for the purpose of the provisions of airports or other terminal facilities to carriers by air’ - Directives 2004/17/EC and 96/67/EC - National legislation which does not require a tendering procedure to be conducted prior to the allocation of areas within an airport))
(2017/C 293/05)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Malpensa Logistica Europa SpA
Defendant: SEA — Società Esercizi Aeroportuali SpA
Intervening party: Beta-Trans SpA
Operative part of the judgment
Article 7 of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors is to be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which does not require a public selection procedure to be conducted prior to the allocation, including a temporary allocation, of areas within airports to be used for the provision of groundhandling services for which no remuneration is to be paid by the manager of the airport.
(<span class="note">1</span>) OJ C 136, 18.4.2016.