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The Prior Information Notice and the Obligation of Motivation · Case C‑515/18 Autorità Garante della Concorrenza e del Mercato v Regione Autonoma della Sardegna · Annotation by Federica Maldari

Annotation on the Judgment of the Court of Justice (Tenth Chamber) of 24 October 2019 in Case C‑515/18 Autorità Garante della Concorrenza e del Mercato v Regione Autonoma della Sardegna

Federica Maldari


Keywords: Direct award procedure, Tender procedure, Public passenger transport services, Competition, Bids, Prior information notice, Comparative assessment, Obligation of motivation, Railway liberalisation

The case deals with the interpretation of Article 7(2) and (4) of Regulation (EC) 1370/2007 on public passenger transport services relating to the direct award of the public service contract, by paying attention to the opening of the transport services sector to competition. The request for a preliminary ruling under Article 267 TFEU concerning the interpretation of those provisions was part of the proceedings between the Italian Competition Authority and the Region of Sardinia on the direct award of the contract for the transport of passengers by rail to Trenitalia S.p.A. by that Region. The referring Court asked the Court of Justice whether those provisions must be interpreted as meaning that the competent authority which intends to award a contract directly must take the necessary steps to open the transport services sector to competition by publishing or communicating, to all interested economic operators, all the information necessary to allow them to submit a serious and reasonable offer, and by carrying out a comparative assessment of all bids.
Keywords: Direct award procedure; Tender procedure; Public passenger transport services; Competition; Bids; Prior information notice; Comparative assessment; Obligation of motivation.

Federica Maldari is a Qualified Lawyer. She holds a Second Level University Master’s Degree in Competition and Innovation Law from the LUISS Guido Carli University - Rome (Italy) and a Law Degree from the same University.


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