16.2.2013

Official Journal of the European Union

C 46/4

(Case C-159/11) (<span class="super">1</span>)

(Public contracts - Directive 2004/18/EC - Article 1(2)(a) and (d) - Services - Study and evaluation of the seismic vulnerability of hospital structures - Contract concluded between two public entities, one of which is a university - Public entity capable of being classified as an economic operator - Contract for pecuniary interest - Consideration not exceeding the costs incurred)

2013/C 46/06

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicants: Azienda Sanitaria Locale di Lecce, Università del Salento

Defendants: Ordine degli Ingegneri della Provincia di Lecce, the Consiglio Nazionale degli Ingegneri, the Associazione delle Organizzazioni di Ingegneri, di Architettura e di Consultazione Tecnico Economica (OICE), Etacons srl, Ing. Vito Prato Engineering srl, Barletti — Del Grosso e Associati srl, Ordine degli Architetti della Provincia di Lecce, Consiglio Nazionale degli Architetti, Pianificatori, Paesaggisti e Conservatori

Re:

Reference for a preliminary ruling — Consiglio di Stato — Interpretation of Article 1(2)(a) and (d), Article 2 and Article 28 of, and Annex II, categories 8 and 12, to 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) — Contract attributed outside a procedure for awarding public works contracts — Provision of a service consisting in the conducting of a study and evaluation of the seismic vulnerability of certain hospitals — Contracts concluded between two public administrative authorities, the party providing the services being a university — Contracts for consideration, in which the consideration does not exceed the costs incurred

Operative part of the judgment

European Union public procurement law precludes national legislation which authorises the conclusion, without an invitation to tender, of a contract by which public entities establish cooperation among each other where — this being for the referring court to establish — the purpose of such a contract is not to ensure that a public task that those entities all have to perform is carried out, where that contract is not governed solely by considerations and requirements relating to the pursuit of objectives in the public interest or where it is such as to place a private provider of services in a position of advantage vis-à-vis his competitors.

(<span class="super">1</span>) OJ C 173, 11.6.2011.