# C_2016200EN.01000901.xml

| 6.6.2016 | EN | Official Journal of the European Union | C 200/9 |
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6.6.2016

EN

Official Journal of the European Union

C 200/9

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Request for a preliminary ruling from the Cour de cassation (France) lodged on 16 March 2016 — Sarval Sud-Est SAS, Siffda Bretagne SAS, Siffda Centre SAS, Siram SARL, Francisque Gay, Patrick Legras de Grandcourt v Association ATM Porc, Association ATM Avicole, Association ATM équidés Angee, Association ATM éleveurs de ruminants, Association ATM lapins Clipp, Association ATM palmipèdes gras — Cifog, Association ATM ponte — CNPO, Atemax France SAS, Monnard Jura SNC, Fédération nationale bovine (FNB), Fédération nationale porcine

(Case C-155/16)

(2016/C 200/14)

Language of the case: French

Referring court

Referring court

Cour de cassation

Parties to the main proceedings

Parties to the main proceedings

Appellants: Sarval Sud-Est SAS, Siffda Bretagne SAS, Siffda Centre SAS, Siram SARL, Francisque Gay, Patrick Legras de Grandcourt

Appellants:

Respondents: Association ATM Porc, Association ATM Avicole, Association ATM équidés Angee, Association ATM éleveurs de ruminants, Association ATM lapins Clipp, Association ATM palmipèdes gras — Cifog, Association ATM ponte — CNPO, Atemax France SAS, Monnard Jura SNC, Fédération nationale bovine (FNB), Fédération nationale porcine

Respondents:

Questions referred

Questions referred

| 1. | Is Article 1 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (1) to be interpreted as meaning that associations governed by private law, established by the relevant professional organisations in order to conclude contracts for the provision of rendering services that are funded by the members of those organisations, who pay contributions for that purpose, are to be regarded as bodies governed by public law, in light of the criterion that such bodies must have been established for the specific purpose of meeting needs in the general interest not having an industrial or commercial character? |
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1.

Is Article 1 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (1) to be interpreted as meaning that associations governed by private law, established by the relevant professional organisations in order to conclude contracts for the provision of rendering services that are funded by the members of those organisations, who pay contributions for that purpose, are to be regarded as bodies governed by public law, in light of the criterion that such bodies must have been established for the specific purpose of meeting needs in the general interest not having an industrial or commercial character?

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| 2. | Is Article 1 of Directive 2004/18 is to be interpreted as meaning that associations of that description, and in particular those which receive compulsory contributions, satisfy the criterion for classification as a body governed by public law relating to the exercise by the public authorities of management supervision when that economic and financial supervision of the State is external supervision of the economic activity and financial management of the undertakings and bodies that are subject to it and its purpose is to analyse the risks and assess the performance of those undertakings and bodies while protecting the financial interests of the State and when, in order to carry out his duties, the agent entrusted with the task of supervision enjoys full powers of documentary and on-site investigation, the undertaking or body under supervision is required to communicate to that agent all the information he may require in order to fulfil his duties, including information concerning subsidiaries within its scope of consolidation, the agent may, where appropriate, request any additional information, may attend, in an advisory capacity, meetings of the board of directors or supervisory board or other equivalent decision-making body and of any committees and commissions created by them, may attend meetings of the committees, commissions and all consultative bodies within the undertaking or body as well as annual general meetings and must receive, in the same manner as the members thereof, invitations to such meetings, agendas and all other documents that are to be sent out before each meeting? |
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2.

Is Article 1 of Directive 2004/18 is to be interpreted as meaning that associations of that description, and in particular those which receive compulsory contributions, satisfy the criterion for classification as a body governed by public law relating to the exercise by the public authorities of management supervision when that economic and financial supervision of the State is external supervision of the economic activity and financial management of the undertakings and bodies that are subject to it and its purpose is to analyse the risks and assess the performance of those undertakings and bodies while protecting the financial interests of the State and when, in order to carry out his duties, the agent entrusted with the task of supervision enjoys full powers of documentary and on-site investigation, the undertaking or body under supervision is required to communicate to that agent all the information he may require in order to fulfil his duties, including information concerning subsidiaries within its scope of consolidation, the agent may, where appropriate, request any additional information, may attend, in an advisory capacity, meetings of the board of directors or supervisory board or other equivalent decision-making body and of any committees and commissions created by them, may attend meetings of the committees, commissions and all consultative bodies within the undertaking or body as well as annual general meetings and must receive, in the same manner as the members thereof, invitations to such meetings, agendas and all other documents that are to be sent out before each meeting?

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(1)  OJ 2004 L 134, p. 114.

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