The constitutional principle of voluntary action of citizens can justify the granting, without competition, of emergency medical transport services in certain conditions

The question before the Court is yet another confrontation of a national provision linked to health since it concerns whether the emergency and extreme urgency medical transport – and European provisions – belong to public procurement law or internal market law.

However the provision at issue – substantially, the requirement for local authorities to entrust the provision of emergency and extreme urgency medical transport services by priority and by direct grant, in the absence of any forms of advertising, to contracted voluntary organisations, which shall perceive, for the provision of these services, only the reimbursement of actual costs incurred and a portion of fixed and permanent costs – is rooted in considerations which put the matter in a particularly interesting light.

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