Order of the Court (Ninth Chamber) of 31 March 2023

Questions referred for a preliminary rulingAdmissibilityNeed to provide the Court with sufficient information regarding the factual and legislative contextScope of the obligation in the context of the fundamental freedomsQuestion raised concerning a dispute confined within a single Member StateNo indication as to the connecting factor making the requested interpretation necessary to resolve the disputeManifest inadmissibility

(Art. 267 TFEU; Rules of Procedure of the Court of Justice, Art. 94)

(see paragraph 36)

Approximation of lawsProcedures for the award of public works contracts, public supply contracts and public service contractsDirective 2014/24Award of contractsPrinciples of equal treatment of tenderers and transparencyScopeProvision of social and health services of general interestPublic procurement procedures reserved for certain categories of economic operatorsMaximum duration of the contract longer than three yearsUse of concerted action agreements with private non-profit organisationsReimbursement of the costs incurred by the service providerWhether permissibleConditions

(European Parliament and Council Directive 2014/24, Arts 75 to 77 and Annex XIV)

(see paragraphs 43-56, 59, operative part)

Questions referred for a preliminary rulingAdmissibilityNeed for a preliminary ruling and relevance of the questions referredAssessment by the national courtPresumption of relevance of the questions referred

(Art. 267 TFEU)

(see paragraph 61)

Freedom of establishmentFreedom to provide servicesServices in the internal marketDirective 2006/123ScopeHealthcare services and social services not falling within the scopeDefinitionConcerted healthcare services and supplies and certain healthcare-support and collaboration services, such as transport to healthcare institutions or patient supportIncludedConsequencesExclusion from the scope of the directive

(European Parliament and Council Directive 2006/123, Art. 2(2)(f) and (j))

(see paragraphs 62, 63, 65-70)

Questions referred for a preliminary rulingJurisdiction of the CourtLimitsManifestly irrelevant questionQuestion unrelated to the subject matter of the dispute in the main proceedingsManifest inadmissibility

(Art. 267 TFEU; Rules of Procedure of the Court of Justice, Art. 53(2))

(see paragraphs 64, 71-73)

Operative part

Articles 76 and 77 of 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 not precluding national legislation that reserves for non-profit organisations the right to conclude, in accordance with the principles of advertising, competition and transparency, agreements under which those organisations provide social or health services of general interest, in return for reimbursement of the costs they incur, irrespective of the estimated value of those services, where the purpose of those agreements is to achieve objectives of solidarity, without necessarily improving the adequacy or budgetary efficiency of the provision of those services by comparison with the regime that is generally applicable to public-procurement procedures, provided,

• first, that the legal and contractual framework within which the activity of those organisations is carried out contributes effectively to the social purpose and objectives of solidarity and budgetary efficiency on which that legislation is based, and

• secondly, that the principle of transparency, as specified in particular in Article 75 of that directive, is respected.