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Case C-475/18: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 20 July 2018 — SATI — Società Autocooperative Trasporti Italiani SpA v Azienda di Trasporti Molisana — A.T.M. SpA
ECLI:EU:UNKNOWN:62018CN0475
62018CN0475
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Official Journal of the European Union
C 399/22
(Case C-475/18)
(2018/C 399/30)
Language of the case: Italian
Referring court
Parties to the main proceedings
Appellant: SATI — Società Autocooperative Trasporti Italiani SpA
Respondent: Azienda di Trasporti Molisana — A.T.M. SpA
Question referred
Must Article 5(4) of Regulation (EC) No 1370/2007 (1) be interpreted as meaning that national legislation contains a prohibition on directly awarding local public transport services, precluding such direct award even in circumstances in which it would be permitted by EU legislation, where it establishes a general rule that the abovementioned services must be awarded by means of a public call for tenders, or is that the case only if there is a specific prohibition on directly awarding such contracts that also refers to the circumstances in which it is permitted by EU law?
(1) Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ 2007 L 315, p. 1).