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Case C-437/21: Judgment of the Court (Tenth Chamber) of 13 October 2022 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Liberty Lines SpA v Ministero delle Infrastrutture e dei Trasporti (Reference for a preliminary ruling — Transport — Regulation (EEC) No 3577/92 — Articles 1 and 4 — Regulation (EC) No 1370/2007 — Article 1 — Direct award of public service contracts — Public services for high-speed maritime passenger transport — Treatment like railway transport services provided by sea)
ECLI:EU:UNKNOWN:62021CA0437
62021CA0437
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Official Journal of the European Union
C 463/12
(Case C-437/21) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Transport - Regulation (EEC) No 3577/92 - Articles 1 and 4 - Regulation (EC) No 1370/2007 - Article 1 - Direct award of public service contracts - Public services for high-speed maritime passenger transport - Treatment like railway transport services provided by sea)
(2022/C 463/15)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Liberty Lines SpA
Defendant: Ministero delle Infrastrutture e dei Trasporti
Intervening parties: Rete Ferroviaria Italiana SpA, Bluferries Srl
Operative part of the judgment
Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage), in particular Article 1(1) and Article 4(1) thereof,
must be interpreted as precluding national legislation whose purpose is to treat maritime transport services like rail transport services, where the effect of such treatment is to exclude the service in question from the application of the rules on public procurement applicable to it.
(<span class="oj-super">1</span>) OJ C 391, 27.9.2021.
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