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Case C-63/18: Judgment of the Court (Fifth Chamber) of 26 September 2019 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia — Italy) — Vitali SpA v Autostrade per l’Italia SpA (Reference for a preliminary ruling — Articles 49 and 56 TFEU — Public procurement — Directive 2014/24/EU — Article 71 — Subcontracting — National legislation limiting the possibility of subcontracting to 30 % of the total amount of the contract)

ECLI:EU:UNKNOWN:62018CA0063

62018CA0063

September 26, 2019
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25.11.2019

Official Journal of the European Union

C 399/10

(Case C-63/18) (<span class="super note-tag">1</span>)

(Reference for a preliminary ruling - Articles 49 and 56 TFEU - Public procurement - Directive 2014/24/EU - Article 71 - Subcontracting - National legislation limiting the possibility of subcontracting to 30 % of the total amount of the contract)

(2019/C 399/10)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Vitali SpA

Defendant: Autostrade per l’Italia SpA

Operative part of the judgment

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, as amended by Commission Delegated Regulation (EU) 2015/2170 of 24 November 2015, must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which limits to 30 % the share of the contract which the tenderer is permitted to subcontract to third parties.

(<span class="note">1</span>) OJ C 166, 14.5.2018

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