# C_2007140EN.01001601.xml

| 23.6.2007 | EN | Official Journal of the European Union | C 140/16 |
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23.6.2007

EN

Official Journal of the European Union

C 140/16

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Reference for a preliminary ruling from the Simvoulio tis Epikratias (Council of State) (Greece) lodged on 23 April 2007 — Mikhaniki A.E. v Ethniko Simvoulio Radiotileorasis, Ipourgos Epikpatias; Interveners: Pantekhniki Α.Ε., Sindesmos Epikhiriseon Periodikou Typou

(Case C-213/07)

(2007/C 140/26)

Language of the case: Greek

Referring court

Simvoulio tis Epikratias

Parties to the main proceedings

Applicant: Mikhaniki A.E.

Applicant:

Defendants: Ethniko Simvoulio Radiotileorasis, Ipourgos Epikpatias; Interveners: Pantekhniki Α.Ε., Sindesmos Epikhiriseon Periodikou Typou

Defendants:

Questions referred

| 1. | Is the list of grounds for excluding public works contractors contained in Article 24 of Council Directive 93/37/ΕEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199) exhaustive? |
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1.

Is the list of grounds for excluding public works contractors contained in Article 24 of Council Directive 93/37/ΕEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199) exhaustive?

| 2. | If that list is not exhaustive, does a provision which lays down (in order to protect transparency in the economic functioning of the State) that the status of owner, partner, main shareholder or management executive of a media undertaking is incompatible with the status of owner, partner, main shareholder or management executive of an undertaking contracting to perform a works, supply or services contract for the State, or for a legal person in the public sector in the broad sense, serve purposes which are compatible with the general principles of Community law and is that total prohibition on the award of public contracts to such undertakings compatible with the Community principle of proportionality? |
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2.

If that list is not exhaustive, does a provision which lays down (in order to protect transparency in the economic functioning of the State) that the status of owner, partner, main shareholder or management executive of a media undertaking is incompatible with the status of owner, partner, main shareholder or management executive of an undertaking contracting to perform a works, supply or services contract for the State, or for a legal person in the public sector in the broad sense, serve purposes which are compatible with the general principles of Community law and is that total prohibition on the award of public contracts to such undertakings compatible with the Community principle of proportionality?

| 3. | If, within the meaning of Article 24 of Directive 93/37/ΕEC, the list of grounds for excluding contractors contained therein is an exhaustive list or if the national provision at issue cannot be construed as serving purposes which are compatible with the general principles of Community law or if, finally, the prohibition introduced in it is not compatible with the Community principle of proportionality, does the above directive, in preventing the inclusion, as grounds for excluding contractors from public works procurement procedures, of cases where the contractor, its executives (such as the owner of the undertaking or its main shareholder, partner or management executive), or intermediaries acting for the said executives, work in media undertakings which are able to exercise an undue influence on the public works procurement procedure, because of the influence which they are able to exert in general, infringe the general principles of the protection of competition and transparency and Article 5(2) of the Treaty establishing the European Community which enacts the principle of subsidiarity? |
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3.

If, within the meaning of Article 24 of Directive 93/37/ΕEC, the list of grounds for excluding contractors contained therein is an exhaustive list or if the national provision at issue cannot be construed as serving purposes which are compatible with the general principles of Community law or if, finally, the prohibition introduced in it is not compatible with the Community principle of proportionality, does the above directive, in preventing the inclusion, as grounds for excluding contractors from public works procurement procedures, of cases where the contractor, its executives (such as the owner of the undertaking or its main shareholder, partner or management executive), or intermediaries acting for the said executives, work in media undertakings which are able to exercise an undue influence on the public works procurement procedure, because of the influence which they are able to exert in general, infringe the general principles of the protection of competition and transparency and Article 5(2) of the Treaty establishing the European Community which enacts the principle of subsidiarity?

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