3.7.2017

Official Journal of the European Union

C 213/19

(Case C-152/17)

(2017/C 213/25)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Consorzio Italian Management and Catania Multiservizi SpA

Defendant: Rete Ferroviaria Italiana SpA

Questions referred

(1)Is the interpretation of national law that excludes review of prices in contracts relating to ‘special sectors’, particularly as regards those with a different object from those to which the Directive 2004/17 refers, but that are connected with those sectors by an instrumental link, compatible with EU law (in particular, Article 3(3) TEU, Articles 26, 56 to 58 and 101 TFEU, and Article 16 of the Charter of Fundamental Rights of the European Union) and Directive 2004/17?

(2)Is Directive 2004/17 (if it should be considered that exclusion of revision of prices in all contracts concluded and applied within ‘special sectors’ arises directly therefrom) compatible with the principles of the European Union (in particular Articles 3(1) TEU, 26, 56 to 58 and 101 TFEU, and Article 16 of the Charter of Fundamental Rights of the European Union), ‘in the light of the unfairness, disproportionality, and distortion of contractual balance and, therefore, of the rules governing an efficient market’?

Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (OJ 2004 L 134, p. 1).

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