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Document 62021CA0437
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)
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)
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)
OJ C 463, 5.12.2022, p. 12–13
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 13/10/2022
- Date lodged:
- 16/07/2021
- Author:
- Court of Justice
- Form:
- Judicial information
- Authentic language:
- Italian
- Type of procedure:
- Reference for a preliminary ruling
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- Select all documents mentioning this document
- Case affecting:
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- Related EU case-law document 62021CJ0437
- Instruments cited in case law:
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|
5.12.2022 |
EN |
Official Journal of the European Union |
C 463/12 |
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
(Case C-437/21) (1)
(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
Consiglio di Stato
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.
