Comune di Ancona v Regione Marche [2013] EUECJ C-388/12 (14 November 2013)

Comune di Ancona v Regione Marche [2013] EUECJ C-388/12 (14 November 2013)

Article 30(4) of Regulation No 1260/1999 covers both physical and functional modifications to funded operations, including those occurring during management within five years, provided such modifications significantly reduce the operation's capacity to achieve its objectives. Assessment of undue advantage or substantial revenue is part of determining substantial modification, not a prerequisite. EU law does not preclude direct award of a public service concession without a call for tenders if the principle of transparency is observed, allowing potential interest from undertakings in other Member States.

Citation
[2013] EUECJ C-388/12
Parties
Applicant: Comune di Ancona; Respondent: Regione Marche
Jurisdiction
European Union
Judgment Date
14 November 2013
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment on Reference From National Court
Outcome
Questions answered; interpretation provided for national court; costs reserved to national court.
Legal Topics
Structural Funds, Public Service Concessions, Competitive Tendering, Financial Corrections, Transparency in Public Procurement
European Union Law Administrative Law Public Procurement Structural Funds Public Service Concessions Competitive Tendering Financial Corrections Transparency in Public Procurement

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Parties

Comune di Ancona

Applicant

Regione Marche

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment on Reference From National Court

Legal Issues

  1. 1 Interpretation of Article 30(4) of Regulation No 1260/1999 regarding substantial modification of funded operations
  2. 2 Scope of modifications covered by Article 30(4) (physical and/or functional)
  3. 3 Requirement of competitive tendering for public service concessions under EU law

Ratio Decidendi

Article 30(4) of Regulation No 1260/1999 covers both physical and functional modifications to funded operations, including those occurring during management within five years, provided such modifications significantly reduce the operation's capacity to achieve its objectives. Assessment of undue advantage or substantial revenue is part of determining substantial modification, not a prerequisite. EU law does not preclude direct award of a public service concession without a call for tenders if the principle of transparency is observed, allowing potential interest from undertakings in other Member States.

Court Disposition

Questions answered; interpretation provided for national court; costs reserved to national court.

Orders

  • Article 30(4) of Regulation No 1260/1999 covers modifications during performance and management within five years.
  • Assessment of substantial revenue or undue advantage does not require prior finding of substantial modification.