Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 13 May 2024 – Team Service Soc. cons. arl v Ferservizi SpA

(Case C-347/24, Team Service)

(C/2024/4845)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Lazio

Parties to the main proceedings

Applicant: Team Service Soc. cons. arl

Defendant: Ferservizi SpA

Question referred

Is a public undertaking operating in special sectors (a contracting entity within the meaning of Article 4(2) of Directive 2014/25/EU, (1) as transposed by Articles 114 et seq. of Legislative Decree No 50 of 18 April 2016), which is classified as a public undertaking because it is subject to a dominant influence by a contracting authority, in particular a body governed by public law (Article 2(1)(4) of Directive 2014/2[4]/EU), (2) which holds a majority of its capital, required to comply with the provisions of Directive 2014/25/EU when it intends to conclude a procurement contract for the provision of services, for an amount in excess of the European thresholds, relating to services that are not strictly related to the activities referred to in Articles 8 to 14 of Directive 2014/25/EU but which are intended to meet exclusively or principally the needs of the controlling body governed by public law and of companies controlled by that body?

(1)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ 2014 L 94, p. 243).

(2)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014on public procurement and repealing Directive 2004/18/EC (OJ 2014, L 94, p. 65).