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Case C-809/24, Trenitalia: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 26 November 2024 – Trenitalia SpA v Regione Liguria
ECLI:EU:UNKNOWN:62024CN0809
62024CN0809
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Official Journal of the European Union
C series
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C/2025/536
3.2.2025
(Case C-809/24, Trenitalia)
(C/2025/536)
Language of the case: Italian
Referring court
Parties to the main proceedings
Appellant: Trenitalia SpA
Respondent: Regione Liguria
Questions referred
1.Do Regulation (EC) No 1370/2007 (1) – in particular, the second part of recital 27, Articles 1(2), 4(1) and 6(1), and paragraphs 2 and 6 of the annex to that regulation – and the principles and objectives of EU law laid down in the relevant provisions of the TFEU (Articles 14, 93 and 106 in particular) preclude – rendering the relevant provisions ineffective – a service contract, such as the one at issue in the present proceedings, that, in exchange for a total absence of risk on the part of the economic operator, entails a freely and knowingly accepted waiver of the right to a reasonable profit, where that waiver covers a limited period of time (three years), with a view to the direct award of a subsequent service contract for the maximum duration laid down in Article 5(6), read in conjunction with Article 4(4), of Regulation (EC) No 1370/2007?
2.If the answer to that first question is in the affirmative, do Regulation (EC) No 1370/2007 – in particular, the first part of recital 27, recital 28, Articles 4(1) and 6(1), and paragraph 5 of the annex to that regulation – and the principles and objectives of EU law laid down in the relevant provisions of the TFEU (Articles 14, 93 and 106 in particular) preclude a service contract, such as the one at issue in the present proceedings, that does not provide for separate accounting of the costs and revenue of a service that is in part of a commercial nature, in so far as it is characterised by increased tariffs, in order to avoid the risk of overcompensation, rendering the contract ineffective and unenforceable in that respect?
(1) Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ 2007 L 315, p. 1).
ELI: http://data.europa.eu/eli/C/2025/536/oj
ISSN 1977-091X (electronic edition)
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