Case C-403/23, Luxone: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 30 June 2023 — Luxone Srl, in its own name and as agent of the RTI to be established with Iren ...

Official Journal of the European Union EN C series C/2023/310 30.10.2023 Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 30 June 2023 —Luxone Srl, in its own name and as agent of the RTI to be established with Iren Smart Solutions SpA v Consip SpA (Case C-403/23, Luxone) (C/2023/310) Language of the case: Italian Referring court Consiglio di Stato Parties to the main proceedings Appellant: Luxone Srl, in its own name and as agent of the RTI to be established with Iren Smart Solutions SpA Respondent: Consip SpA Questions referred 1. Do Directive 2004/18/EC, (1) Articles 16 and 52 of the Charter of Fundamental Rights of the European Union and the principles of proportionality, competition, freedom of establishment and freedom to provide services laid down in Articles 49, 50, 54 and 56 of the TFEU preclude national rules (Articles 11(6), 37(8), (9), (10), (18) and (19), and 38(1)(f) of Legislative Decree No 163 of 2006) which exclude, in the event of the expiry of the validity period of the tender originally submitted by an RTI to be established, the possibility of reducing the original membership of the RTI when the validity period of that tender is extended? In particular, are those national provisions compatible with the general principles of EU law of freedom of economic initiative and effectiveness, and with Article 16 of the Charter of Fundamental Rights of the European Union? 2. Do Directive 2004/18/EC, Articles 16, 49,...