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Case C-235/23, Paolo Beltrami: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 13 April 2023 — Paolo Beltrami S.p.A. v Comune di Milano
ECLI:EU:UNKNOWN:62023CN0235
62023CN0235
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Official Journal of the European Union
C 235/15
(Case C-235/23, Paolo Beltrami)
(2023/C 235/19)
Language of the case: Italian
Referring court
Parties to the main proceedings
Appellant: Paolo Beltrami S.p.A.
Respondent: Comune di Milano
Question referred
Do Articles 16, 49, 50 and 52 of the Charter of Fundamental Rights of the European Union, Article 4 of Protocol 7 to the European Convention on Human Rights (ECHR), Article 6 TEU, the principles of proportionality, competition, freedom of establishment and freedom to provide services laid down in Articles 49, 50, 54 and 56 TFEU preclude a national rule (as contained in Article 75 of decreto legislativo n. 163 del 2006 (Legislative Decree No 163 of 2006)) which provides for the application of the penalty of forfeiture of the provisional security, as an automatic consequence of the exclusion of an economic operator from a procedure for the award of a public service contract, irrespective of whether or not that economic operator has been awarded the contract?