|
4.7.2022 |
EN |
Official Journal of the European Union |
C 257/9 |
Judgment of the Court (Fourth Chamber) of 12 May 2022 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Comune di Lerici v Provincia di La Spezia
(Case C-719/20) (1)
(Reference for a preliminary ruling - Public procurement - Waste management - In-house award - Directive 2014/24/EU - Articles 12 and 72 - Loss of ‘similar control’ conditions as a result of a business combination - Possibility for the successor operator to continue providing the service)
(2022/C 257/13)
Language of the case: Italian
Referring court
Consiglio di Stato
Parties to the main proceedings
Applicant: Comune di Lerici
Defendant: Provincia di La Spezia
Interveners: IREN SpA, ACAM Ambiente SpA
Operative part of the judgment
Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC must be interpreted as precluding national rules or a national practice under which the performance of a public contract, initially awarded without any tendering procedure to an in-house entity over which the contracting authority exercised, jointly, a control similar to that which it exercises over its own departments, is automatically continued by the economic operator which acquired that entity, following a tendering procedure, where that contracting authority does not have such control over that operator and does not hold any shares in its capital.