Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 19 July 2023 – Fastned Deutschland GmbH & Co. KG, Tesla Germany GmbH v Die Autobahn GmbH des Bundes
(Case C-452/23, Fastned Deutschland and Tesla Germany)
Language of the case: German
Referring court
Oberlandesgericht Düsseldorf
Parties to the main proceedings
Appellant: Fastned Deutschland GmbH & Co. KG, Tesla Germany GmbH
Respondent: Die Autobahn GmbH des Bundes
Joined parties: Autobahn Tank & Rast GmbH, Ostdeutsche Autobahntankstellen GmbH
Question referred
Is Article 72(1)(c) of Directive 2014/24/EU 1 to be interpreted as meaning that its scope also includes public contracts which were previously awarded to in-house entities outside the scope of Directive 2014/24/EU but to which the conditions of in-house procurement no longer apply at the time of the contract modification?
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1 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ 2014 L 94, p. 65).