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Case C-465/17: Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 2 August 2017 — Falck Rettungsdienste GmbH, Falck A/S v Stadt Solingen
ECLI:EU:UNKNOWN:62017CN0465
62017CN0465
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Official Journal of the European Union
C 330/9
(Case C-465/17)
(2017/C 330/12)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: Falck Rettungsdienste GmbH, Falck A/S
Defendant: Stadt Solingen
Other parties to the proceedings: Arbeiter-Samariter-Bund Regionalverband Bergisch Land e.V., Malteser Hilfsdienst e.V., Deutsches Rotes Kreuz, Kreisverband Solingen e.V.
Questions referred
1.Do the care and treatment of emergency patients in an ambulance by a medical technician/paramedic and the care and treatment of patients in a patient transport ambulance by a paramedic/medical assistant constitute ‘civil defence, civil protection, and danger prevention services’ within the meaning of Article 10(h) of Directive 2014/24/EU (1) which come under CPV (Common Procurement Vocabulary) codes 75252000-7 (Rescue services) and 85143000-3 (Ambulance services)?
2.Can Article 10(h) of Directive 2014/24/EU be understood as meaning that ‘non-profit organisations or associations’ include, in particular, aid organisations that are recognised under national law as civil defence and civil protection organisations?
3.Are ‘non-profit organisations or associations’ within the meaning of Article 10(h) of Directive 2014/24/EU those whose mission is fulfilled in the achievement of tasks in the public good, which do not operate with a view to making a profit and which reinvest any profits in order to realise the mission of the organisation?
4.Is the transport of a patient in an ambulance while care is provided by a paramedic/medical assistant (so-called qualified patient transport) a ‘patient transport ambulance service’ within the meaning of Article 10(h) of Directive 2014/24/EU, which is not covered by the exception and to which Directive 2014/24/EU applies?
* 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).
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