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Document 62013CN0213

Case C-213/13: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 23 April 2013 — Impresa Pizzarotti & C. SpA v Comune di Bari

OJ C 207, 20.7.2013, p. 11–11 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
OJ C 207, 20.7.2013, p. 4–4 (HR)

20.7.2013   

EN

Official Journal of the European Union

C 207/11

Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 23 April 2013 — Impresa Pizzarotti & C. SpA v Comune di Bari

(Case C-213/13)

2013/C 207/20

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Impresa Pizzarotti & C. SpA

Defendant: Comune di Bari

Questions referred

1.

Is a contract to be concluded for the lease of something in the future — even in the form, suggested most recently, of an undertaking to lease — equivalent to a public works contract, albeit with certain characteristics of a lease contract, with the result that such a contract cannot be included among the contracts which are excluded, under Article 16 of Directive 2004/18/EC, (1) from the scope of the rules on public procedures?

2.

If the answer to Question 1 is in the affirmative, may a national court — specifically, this referring court — hold that the ruling made regarding the events under consideration … is ineffective in that it has enabled a situation which is contrary to Community law on public procurement to persist and, therefore, is it possible to enforce a final judgment which is contrary to Community law?

(1)  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 (OJ 2004 L 134, p. 114).

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