Judgment_paragraph 35 · Amt Azienda Trasporti e Mobilità SpA and Others v Atpl Liguria - Agenzia regionale per il trasporto pubblico locale SpA and Regione Liguria (C-328/17)

35In the present case, there is no argument that the question whether the plaintiffs in the main proceedings had the right to bring an action against the call for tenders published by the Agency on the basis of EU law would be the condition for the admissibility of the action before the referring court. It is true, by reason of the Agency’s decision not to pursue the call for tenders after the adoption of Law No 19/2016, that the main subject matter of the dispute has disappeared.