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Case C-299/19: Request for a preliminary ruling from the Tribunale ordinario di Torino (Italy) lodged on 11 April 2019 — Techbau SpA v Azienda Sanitaria Locale AL
ECLI:EU:UNKNOWN:62019CN0299
62019CN0299
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24.6.2019
Official Journal of the European Union
C 213/16
(Case C-299/19)
(2019/C 213/15)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Techbau SpA
Defendant: Azienda Sanitaria Locale AL
Question referred
Does Article 2(1) of Directive 2000/35/EC (1) preclude a national provision, such as Article 2(1)(a) of Legislative Decree No 231 of 9 October 2002, which excludes works contracts, whether public or private, and specifically public works contracts within the meaning of Directive 93/37/EEC, (2) from the concept of ‘commercial transaction’ — defined as contracts that ‘lead, exclusively or primarily, to the delivery of goods or the provision of services in exchange for remuneration’ — and therefore from the scope of that directive?
(1) Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions (OJ 2000 L 200, p. 35).
(2) Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199, p. 54).