# C_2005271EN.01000801.xml

| 29.10.2005 | EN | Official Journal of the European Union | C 271/8 |
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29.10.2005

EN

Official Journal of the European Union

C 271/8

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 8 September 2005

in Case C-129/04 Reference for a preliminary ruling from the Conseil d'État: Espace Trianon SA, Société wallonne de location-financement SA (Sofibail) v Office communautaire et régional de la formation professionnelle et de l'emploi (FOREM) (1)

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(Public procurement - Directive 89/665/EEC - Review procedures concerning the award of public contracts - Persons to whom review procedures must be available - Tender by a consortium - Prohibition against members of a consortium bringing an action individually - Meaning of 'interest in obtaining a public contract')

(2005/C 271/14)

Language of the case: French

In Case C-129/04: reference for a preliminary ruling under Article 234 EC from the Conseil d'État (Belgium), made by decision of 25 February 2004, received at the Court on 9 March 2004, in the proceedings between Espace Trianon SA, Société wallonne de location-financement SA (Sofibail) and Office communautaire et régional de la formation professionnelle et de l'emploi (FOREM) — the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, C. Gulmann (Rapporteur), R. Schintgen, G. Arestis and J. Klučka, Judges; C. Stix-Hackl, Advocate General; K. Sztranc, Administrator, for the Registrar, gave a judgment on 8 September 2005, the operative part of which is as follows:

| 1. | Article 1 of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts is to be interpreted as not precluding national law from providing that only the members of a consortium without legal personality which has participated, as such, in a procedure for the award of a public contract and has not been awarded that contract, acting together, may bring an action against the decision awarding the contract and not just one of its members individually. |
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1.

Article 1 of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts is to be interpreted as not precluding national law from providing that only the members of a consortium without legal personality which has participated, as such, in a procedure for the award of a public contract and has not been awarded that contract, acting together, may bring an action against the decision awarding the contract and not just one of its members individually.

| 2. | The same is true if all the members of such a consortium act together but the application of one of its members is held inadmissible. |
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2.

The same is true if all the members of such a consortium act together but the application of one of its members is held inadmissible.

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(1)  OJ C 106 of 30. 04. 2005.

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