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Document 62017CA0152
Case C-152/17: Judgment of the Court (Ninth Chamber) of 19 April 2018 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA (Reference for a preliminary ruling — Procurement procedures of entities operating in the water, energy, transport and postal services sectors — Directive 2004/17/EC — Obligation to review prices after the award of the contract — No such obligation in Directive 2004/17/EC or arising from the general principles underlying Article 56 TFEU and Directive 2004/17/EC — Cleaning and maintenance services linked to railway transport operations — Article 3(3) TEU — Articles 26, 57, 58 and 101 TFEU — Lack of sufficient information concerning the factual context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred — Inadmissibility — Article 16 of the Charter of Fundamental Rights of the European Union — Provision of national law not implementing EU law — Lack of jurisdiction)
Case C-152/17: Judgment of the Court (Ninth Chamber) of 19 April 2018 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA (Reference for a preliminary ruling — Procurement procedures of entities operating in the water, energy, transport and postal services sectors — Directive 2004/17/EC — Obligation to review prices after the award of the contract — No such obligation in Directive 2004/17/EC or arising from the general principles underlying Article 56 TFEU and Directive 2004/17/EC — Cleaning and maintenance services linked to railway transport operations — Article 3(3) TEU — Articles 26, 57, 58 and 101 TFEU — Lack of sufficient information concerning the factual context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred — Inadmissibility — Article 16 of the Charter of Fundamental Rights of the European Union — Provision of national law not implementing EU law — Lack of jurisdiction)
Case C-152/17: Judgment of the Court (Ninth Chamber) of 19 April 2018 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA (Reference for a preliminary ruling — Procurement procedures of entities operating in the water, energy, transport and postal services sectors — Directive 2004/17/EC — Obligation to review prices after the award of the contract — No such obligation in Directive 2004/17/EC or arising from the general principles underlying Article 56 TFEU and Directive 2004/17/EC — Cleaning and maintenance services linked to railway transport operations — Article 3(3) TEU — Articles 26, 57, 58 and 101 TFEU — Lack of sufficient information concerning the factual context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred — Inadmissibility — Article 16 of the Charter of Fundamental Rights of the European Union — Provision of national law not implementing EU law — Lack of jurisdiction)
IO C 200, 11.6.2018, p. 16–17
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 19/04/2018
- Date lodged:
- 24/03/2017
- Author:
- An Chúirt Bhreithiúnais
- Form:
- Faisnéis bhreithiúnach
- Authentic language:
- Iodáilis
- Type of procedure:
- Tarchur le haghaidh réamhrialú - neamh-inghlactha, Tarchur le haghaidh réamhrialú
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- Select all documents mentioning this document
- Case affecting:
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- Related EU case-law document 62017CJ0152
- Instruments cited in case law:
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Case C-152/17: Judgment of the Court (Ninth Chamber) of 19 April 2018 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA (Reference for a preliminary ruling — Procurement procedures of entities operating in the water, energy, transport and postal services sectors — Directive 2004/17/EC — Obligation to review prices after the award of the contract — No such obligation in Directive 2004/17/EC or arising from the general principles underlying Article 56 TFEU and Directive 2004/17/EC — Cleaning and maintenance services linked to railway transport operations — Article 3(3) TEU — Articles 26, 57, 58 and 101 TFEU — Lack of sufficient information concerning the factual context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred — Inadmissibility — Article 16 of the Charter of Fundamental Rights of the European Union — Provision of national law not implementing EU law — Lack of jurisdiction)
Judgment of the Court (Ninth Chamber) of 19 April 2018 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA
(Case C-152/17) ( 1 )
‛(Reference for a preliminary ruling — Procurement procedures of entities operating in the water, energy, transport and postal services sectors — Directive 2004/17/EC — Obligation to review prices after the award of the contract — No such obligation in Directive 2004/17/EC or arising from the general principles underlying Article 56 TFEU and Directive 2004/17/EC — Cleaning and maintenance services linked to railway transport operations — Article 3(3) TEU — Articles 26, 57, 58 and 101 TFEU — Lack of sufficient information concerning the factual context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred — Inadmissibility — Article 16 of the Charter of Fundamental Rights of the European Union — Provision of national law not implementing EU law — Lack of jurisdiction)’
2018/C 200/21Language of the case: ItalianReferring court
Consiglio di Stato
Parties to the main proceedings
Applicants: Consorzio Italian Management and Catania Multiservizi SpA
Defendant: Rete Ferroviaria Italiana SpA
Operative part of the judgment
Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, as amended by Commission Regulation (EU) No 1251/2011 of 30 November 2011, and the general principles underlying that directive are to be interpreted as not precluding national rules, such as those at issue in the main proceedings, which do not provide for periodic price review after a contract has been awarded in the sectors covered by that directive.
( 1 ) OJ C 213, 3.7.2017.
