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27.9.2008 |
EN |
Official Journal of the European Union |
C 247/7 |
Reference for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 4 July 2008 — CoNISMa (Consorzio Nazionale Interuniversitario per le Scienze del Mare) v Regione Marche
(Case C-305/08)
(2008/C 247/11)
Language of the case: Italian
Referring court
Consiglio di Stato
Parties to the main proceedings
Applicant: CoNISMa (Consorzio Nazionale Interuniversitario per le Scienze del Mare)
Defendant: Regione Marche
Questions referred
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1. |
Must the provisions of Directive 2004/18/EC (1) on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts that are referred to in section 1 above be interpreted as precluding a consortium made up solely of Italian universities and state bodies, as described in section 8 above, from taking part in a tendering procedure for the award of a service contract such as that for the acquisition of geophysical data and marine samples? |
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2. |
Are the provisions of Italian law contained in Article 3(22) and (19) and Article 34 of the Public Contracts Code, enacted by Legislative Decree No 163/2006, which provide, respectively: that ‘the term “economic operator” shall include a contractor, supplier, service provider or a group or consortium of these’ and ‘the terms “contractor”, “supplier” and “service provider” shall mean any natural or legal person, or body without legal personality, including a European Economic Interest Group (EEIG) formed pursuant to Legislative Decree No 240 of 23 July 1991, which “offers on the market”, respectively, the execution of works or a work, the supply of products or the provision of services’, contrary to Directive 2004/18/EC if interpreted as restricting participation in tendering procedures to professional providers of such services and excluding entities whose primary objects are not-for-profit, such as research? |