# C_2004106EN.01003602.xml

| 30.4.2004 | EN | Official Journal of the European Union | C 106/36 |
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30.4.2004

EN

Official Journal of the European Union

C 106/36

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Reference for a preliminary ruling by the Conseil d'Etat (Belgium) Administrative Division, by judgment of that court of 25 February 2004 in the case Espace Trianon SA and Société wallonne de location-financement SA (SOFIBAIL) against the Office communautaire et régional de la formation professionelle et de l'emploi (FOREM)

(Case C-129/04)

(2004/C 106/62)

Reference has been made to the Court of Justice of the European Communities by the Conseil d'Etat (Belgium), Administrative Division, of the 25 February 2004, which was received at the Court Registry on 9 March 2004, for a preliminary ruling in the case of Espace Trianon SA and Société wallonne de location-financement SA (SOFIBAIL) against the Office communautaire et régional de la formation professionelle et de l'emploi (FOREM).

The Conseil d'Etat (Belgium), Administrative Division, asks the Court of Justice to give a preliminary ruling on the following questions:

| 1) | Does Article 1 of Council Directive 89/665/EEC on the 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 (1) contracts preclude a provision of national law, such as the first paragraph of Article 19 of the Laws of the Conseil d'Etat, consolidated on 12 January 1973, which is interpreted as requiring the members of a consortium without legal personality, which, as such, has participated in a procedure for the award of a public contract and has not been awarded that contract, to act together, in their capacity as associates or in their own names, in order to bring an action against the decision awarding the contract? |
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1)

Does Article 1 of Council Directive 89/665/EEC on the 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 (1) contracts preclude a provision of national law, such as the first paragraph of Article 19 of the Laws of the Conseil d'Etat, consolidated on 12 January 1973, which is interpreted as requiring the members of a consortium without legal personality, which, as such, has participated in a procedure for the award of a public contract and has not been awarded that contract, to act together, in their capacity as associates or in their own names, in order to bring an action against the decision awarding the contract?

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| 2) | Would the answer to Question 1 be different if the members of the consortium acted all together, but the action of one of its members is inadmissible? |
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2)

Would the answer to Question 1 be different if the members of the consortium acted all together, but the action of one of its members is inadmissible?

| 3) | Does Article 1 of Council Directive 89/665/EEC on the 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 preclude a provision of national law, such as the first paragraph of Article 19 of the Laws of the Conseil d'Etat, consolidated on 12 January 1973, which is interpreted as prohibiting a member of such a consortium from bringing an action individually, either in its capacity as an associate, or in its own name, against the decision awarding the contract? |
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3)

Does Article 1 of Council Directive 89/665/EEC on the 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 preclude a provision of national law, such as the first paragraph of Article 19 of the Laws of the Conseil d'Etat, consolidated on 12 January 1973, which is interpreted as prohibiting a member of such a consortium from bringing an action individually, either in its capacity as an associate, or in its own name, against the decision awarding the contract?

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(1)   OJ L 395, 30.12.1989, p. 33.

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