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Case C-65/17: Judgment of the Court (Ninth Chamber) of 19 April 2018 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Oftalma Hospital Srl v C.I.O.V. — Commissione Istituti Ospitalieri Valdesi, Regione Piemonte (Reference for a preliminary ruling — Public service contracts — Health and social services — Award contrary to the rules on public procurement — Requirement to comply with the principles of transparency and equal treatment — Concept of ‘certain cross-border interest’ — Directive 92/50/EEC — Article 27)
ECLI:EU:UNKNOWN:62017CA0065
62017CA0065
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(Case C-65/17) (1)
‛(Reference for a preliminary ruling — Public service contracts — Health and social services — Award contrary to the rules on public procurement — Requirement to comply with the principles of transparency and equal treatment — Concept of ‘certain cross-border interest’ — Directive 92/50/EEC — Article 27)’
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Oftalma Hospital Srl
Defendants: C.I.O.V. — Commissione Istituti Ospitalieri Valdesi, Regione Piemonte
Intervener: Azienda Sanitaria Locale di Torino (TO1)
Operative part of the judgment
1.When awarding a public service contract that falls within the scope of Article 9 of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, as amended by European Parliament and Council Directive 97/52/EC of 13 October 1997, and is, consequently, in principle, subject only to Articles 14 and 16 of that directive, a contracting authority is nonetheless also required to comply with the fundamental rules and general principles of the FEU Treaty, in particular the principles of equal treatment and non-discrimination on the grounds of nationality and the consequent obligation of transparency, provided that, at the date of its award, the contract had certain cross-border interest, which it is for the referring court to verify.
2.Article 27(3) of Directive 92/50 must be interpreted as not applying to public service contracts referred to in Annex I B to that directive.
(1) OJ C 144, 8.5.2017.