Oftalma Hospital Srl v Commisone Istituti Ospitaleri Valdesi and another

European Union – Public procurement. When awarding a public service contract that fell within the scope of art 9 of Council Directive (EEC) 92/50, as amended, and was, consequently, in principle, subject only to arts 14 and 16 of that directive, a contracting authority was nonetheless also required to comply with the fundamental rules and general principles of the FEU Treaty, provided that, at the date of its award, the contract had certain cross-border interest, which it was for the referring court to verify. The Court of Justice so held, among other things, in a preliminary ruling concerning payment for care services provided by the applicant company under a contract entered into with the respondent Italian hospital commission.

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