19.7.2021

Official Journal of the European Union

C 289/24

(Case C-213/21)

(2021/C 289/33)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant and appellant: Italy Emergenza Cooperativa Sociale

Defendant and respondent: Azienda Sanitaria Locale Barletta-Andria-Trani

Question referred

Does Article 10(h) of Directive 2014/24/EU (1) — together with recital 28 of that directive — preclude national legislation which provides that contracts for the provision of emergency ambulance transport services may be directly awarded, on a preferential basis, solely to voluntary organisations — provided that they have been registered for at least six months in the national third sector register, belong to a network of associations and are accredited under the relevant sectoral regional legislation (if any) and on the condition that such an award ensures that the service can be provided within a framework of effective contributions to social goals, which pursues objectives of solidarity, in an economically efficient and appropriate manner and in accordance with the principles of transparency and non-discrimination — to the exclusion of other non-profit organisations, and more specifically social cooperatives, such as non-profit-making social enterprises?

(1) 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).