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Case C-465/17: Judgment of the Court (Third Chamber) of 21 March 2019 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Falck Rettungsdienste GmbH, Falck A/S v Stadt Solingen (Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Article 10(h) — Specific exclusions for service contracts — Civil defence, civil protection and danger prevention services — Non-profit organisations or associations — Patient transport ambulance services — Transport by qualified ambulance)
ECLI:EU:UNKNOWN:62017CA0465
62017CA0465
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3.6.2019
Official Journal of the European Union
C 187/16
(Case C-465/17)
(Reference for a preliminary ruling - Public procurement - Directive 2014/24/EU - Article 10(h) - Specific exclusions for service contracts - Civil defence, civil protection and danger prevention services - Non-profit organisations or associations - Patient transport ambulance services - Transport by qualified ambulance)
(2019/C 187/18)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: Falck Rettungsdienste GmbH, Falck A/S
Defendant: Stadt Solingen
Operative part of the judgment
1.Article 10(h) of 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, must be interpreted as meaning that the exclusion from the application of the public procurement rules that it lays down, covers the care of patients in an emergency situation in a rescue vehicle by an emergency worker/paramedic, covered by CPV [Common Procurement Vocabulary] code 75252000-7 (rescue services) and transport by qualified ambulance, which comprises, in addition to the provision of transport, the care of patients in an ambulance by a paramedic assisted by a medical assistant, covered by CPV code 85143000-3 (ambulance services), provided that, as regards transport by qualified ambulance, it is in fact undertaken by personnel properly trained in first aid and, second, it is provided to a patient whose state of health is at risk of deterioration during that transport.
2.Article 10(h) of Directive 2014/24 must be interpreted as meaning, first, that it precludes public aid associations recognised in national law as civil protection and defence associations from being regarded as ‘non-profit organisations or associations’, within the meaning of that provision, in so far as, under national law, recognition as having public aid association status is not subject to not having a profit-making purpose and, second, that organisations or associations whose purpose is to undertake social tasks, which have no commercial purpose and which reinvest any profits in order to achieve the objective of that organisation or association constitute ‘non-profit organisations or associations’ within the meaning of that provision.
(1)
OJ C 330, 2.10.2017.