Malpensa Logistica Europa SpA v Societa Esercizi Aeroportuali SpA

European Union – Public procurement. Article 7 of Directive (EC) 2004/17 was to be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which did not require a public selection procedure to be conducted prior to the allocation, including a temporary allocation, of areas within airports to be used for the provision of groundhandling services for which no remuneration was to be paid by the manager of the airport. The Court of Justice of the European Union so ruled in a preliminary ruling between the applicant company and the manager of an airport concerning the allocation of areas for the provision of groundhandling services within that airport without any prior tendering procedure.

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