27.8.2018

Official Journal of the European Union

C 301/17

(Case C-402/18)

(2018/C 301/24)

Language of the case: Italian

Referring court

Parties to the main proceedings

Appellants: Tedeschi Srl, acting in its own behalf and as agent of a temporary association of undertakings, Consorzio Stabile Istant Service, acting in its own behalf and as principal of a temporary association of undertakings

Respondent: Università degli Studi di Roma La Sapienza

Respondent and cross-appellant: C.M. Service Srl

Question referred

Do the principles of freedom of establishment and freedom to provide services referred to in Articles 49 and 56 of the Treaty on the Functioning of the European Union (TFEU), Article 25 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 (1) and Article 71 of Directive 2014//24/EU of the European Parliament and of the Council of 26 February 2014, (2) which do not contemplate any limits on the proportion of the contract that may be subcontracted or on the reduction in prices that may be applied to subcontractors, and the EU-law principle of proportionality preclude the application of national rules on public procurement, such as the Italian rules contained in Article 118(2) and (4) of Legislative Decree No 163 of 12 April 2006, pursuant to which no more than 30 % of the total value of the contract may be subcontracted and the successful contractor must apply in respect of the subcontracted services the same unit prices as those stipulated in the decision awarding the contract, with a reduction of not more than 20 %?

(1) 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).

(2) 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).