Order of the Court (Seventh Chamber) of 10 April 2008 (reference for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia (Italy)) — Termoraggi SpA v Comune di Monza

(Case C-323/07) (1)

(Public procurement - Public service and public supply contracts - Award without call for tenders - Award by a local authority to an undertaking whose capital it controls)

(2008/C 171/19)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per la Lombardia

Parties

Applicant: Termoraggi SpA

Defendant: Comune di Monza

Intervener: Acqua Gas Azienda Municipale (AGAM)

Re:

Reference for a preliminary ruling — Tribunale Amministrativo Regionale per la Lombardia — Interpretation of Article 6 of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1) — Scope — National provisions attributing, outside of the procedures for the award of public works contracts laid down in the directive, the management of heating installations of certain buildings in a commune to a municipal undertaking

Operative part of the order

Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts and Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts do not apply to a contract concluded between a local authority and a person legally distinct from it, where the local authority exercises over the person concerned a control which is similar to that which it exercises over its own departments and, at the same time, that person carries out the essential part of its activities with the controlling local authority or authorities.

Article 6 of Directive 92/50 is applicable only if there are legislative, regulatory or administrative provisions published which grant the beneficiary an exclusive right concerning the subject-matter of the contract awarded.

(1)  OJ C 235, 6.10.2007.