# C_2006086EN.01000701.xml

| 8.4.2006 | EN | Official Journal of the European Union | C 86/7 |
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8.4.2006

EN

Official Journal of the European Union

C 86/7

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 9 February 2006

in Joined Cases C-226/04 and C-228/04: Reference for a preliminary ruling from the Tribunale amministrativo regionale del Lazio in La Cascina Soc. coop. arl. and Others v Ministero della Difesa and Others and Consorzio G.f.M. v Ministero della Difesa and Others (1)

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(Public service contracts - Directive 92/50/EEC - Article 29, first paragraph, subparagraphs (e) and (f) - Obligations of service providers - Payment of social security contributions and taxes )

(2006/C 86/11)

Language of the case: Italian

In Joined Cases C-226/04 and C-228/04: references for a preliminary ruling under Article 234 EC from the Tribunale amministrativo regionale del Lazio (Italy), made by decisions of 22 April 2004, received at the Court on 2 June 2004, in the proceedings between La Cascina Soc. coop. arl, Zilch Srl (C-226/04) and Ministero della Difesa, Ministero dell'Economia e delle finanze, Pedus Service, Cooperativa Italiana di Ristorazione soc. coop. arl (CIR), Istituto nazionale per l'assicurazione contro gli infortuni (INAIL), and between Consorzio G.f.M. (C-228/04) and Ministero della Difesa, La Cascina Soc. coop arl, the Court (First Chamber), composed of P. Jann, President of the Chamber, K. Schiemann, N. Colneric, K. Lenaerts and E. Juhász (Rapporteur), Judges; M. Poiares Maduro, Advocate General; L. Hewlett, Principal Administrator, for the Registrar, gave a judgment on 9 February 2006, in which it ruled:

La Cascina Soc. coop. arl, Zilch Srl

Ministero della Difesa, Ministero dell'Economia e delle finanze, Pedus Service, Cooperativa Italiana di Ristorazione soc. coop. arl (CIR), Istituto nazionale per l'assicurazione contro gli infortuni (INAIL),

Consorzio G.f.M.

Ministero della Difesa, La Cascina Soc. coop arl,

Subparagraphs (e) and (f) of the first paragraph of Article 29 of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts do not preclude a national law or administrative practice according to which a service provider, who has not fulfilled obligations relating to social security contributions and taxes by having paid in full when the period prescribed for submitting the request to participate in the contract expires, may subsequently regularise his position

| — | pursuant to a tax amnesty or leniency measures adopted by the State, or |
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pursuant to a tax amnesty or leniency measures adopted by the State, or

| — | pursuant to an administrative arrangement of payment in instalments or debt relief, or |
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pursuant to an administrative arrangement of payment in instalments or debt relief, or

| — | by bringing administrative or legal proceedings, |
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by bringing administrative or legal proceedings,

provided that, within the period prescribed by national law or administrative practice, he provides evidence that he has benefited from such measures or arrangement or that he has brought such proceedings within that period.

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(1)  OJ C 190, of 24.7.2004.

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