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Case C-216/17: Judgment of the Court (Eighth Chamber) of 19 December 2018 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Autorità Garante della Concorrenza e del Mercato — Antitrust, Coopservice Soc. coop. arl v Azienda Socio-Sanitaria Territoriale della Vallecamonica — Sebino (ASST), Azienda Socio-Sanitaria Territoriale del Garda (ASST), Azienda Socio-Sanitaria Territoriale della Valcamonica (ASST) (Reference for a preliminary ruling — Directive 2004/18/EC — Article 1(5) — Article 32(2) — Award of public works contracts, public supply contracts and public service contracts — Framework agreements — Clause extending the framework agreement to other contracting authorities — Principles of transparency and equal treatment of economic operators — No determination of the quantity covered by subsequent public procurement contracts or determination by reference to the usual requirements of the contracting authorities that are not signatories to the framework agreement — Prohibition)
ECLI:EU:UNKNOWN:62017CA0216
62017CA0216
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Official Journal of the European Union
C 65/5
(Case C-216/17) (*)
((Reference for a preliminary ruling - Directive 2004/18/EC - Article 1(5) - Article 32(2) - Award of public works contracts, public supply contracts and public service contracts - Framework agreements - Clause extending the framework agreement to other contracting authorities - Principles of transparency and equal treatment of economic operators - No determination of the quantity covered by subsequent public procurement contracts or determination by reference to the usual requirements of the contracting authorities that are not signatories to the framework agreement - Prohibition))
(2019/C 65/05)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicants: Autorità Garante della Concorrenza e del Mercato — Antitrust, Coopservice Soc. coop. arl
Defendants: Azienda Socio-Sanitaria Territoriale della Vallecamonica — Sebino (ASST), Azienda Socio-Sanitaria Territoriale del Garda (ASST), Azienda Socio-Sanitaria Territoriale della Valcamonica (ASST)
Intervener in support of the defendant: Markas Srl, ATI — Zanetti Arturo & C. Srl e in proprio, Regione Lombardia
Operative part of the judgment
Article 1(5) and the fourth subparagraph of Article 32(2) of 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 must be interpreted as meaning that:
—a contracting authority may act on its own behalf and on behalf of other contracting authorities that are specifically indicated but are not direct parties to a framework agreement, provided that the requirements as to advertising and legal certainty and, consequently, those relating to transparency are complied with; and
—it cannot be accepted that contracting authorities that are not signatories to the framework agreement refrain from determining the quantity of services that may be required when they conclude contracts pursuant to the framework agreement or determine that quantity by reference to their usual requirements, because, if they do so, the principles of transparency and equal treatment of economic operators with an interest in the conclusion of that framework contract will be infringed.
(*) Language of the case: Italian.