20.10.2007 |
EN |
Official Journal of the European Union |
C 247/7 |
Reference for a preliminary ruling from the Tribunale amministrativo regionale del Lazio (Italy) lodged on 30 July 2007 — CEPAV DUE — Consorzio, ENI per L'Alta Velocità, Consorzio COCIV, Consorzio IRICAV DUE v Office of the President of the Council of Ministers, Ministry of Transport and Others
(Case C-351/07)
(2007/C 247/09)
Language of the case: Italian
Referring court
Tribunale amministrativo regionale del Lazio
Parties to the main proceedings
Applicants: CEPAV DUE — Consorzio ENI per l'Alta Velocità, Consorzio COCIV, Consorzio IRICAV DUE
Defendants: Office of the President of the Council of Ministers, Ministry of Transport and Others
Question referred
Does Article 12 of Decree-Law No 7 of 31 January 2007, converted, after amendment, into Article 13 of Law No 40 of 2 April 2007, in so far as it directs that the concessions relating to construction of the high-speed rail links mentioned in it are to be revoked, in such a way that the effects of that revocation extend to the agreements entered into with the general contractors, and in so far as it limits the compensation available to the general contractors under paragraph 8q, conflict with Articles 43 EC, 49 EC and 56 EC and with the Community principles concerning legal certainty and the protection of legitimate expectations, as indicated in the grounds set out in paragraph 5 [of the order for reference]?