Order — ECLI:EU:C:2003:213
Date: 2003-04-09
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Concepts: Public works, supply and services contracts
Procedure: Reference for a preliminary ruling
Origin: Austria

SUMMARY — CASE C-424/01 
Summary of the Order 
Approximation of laws — Review procedures relating to the award of public supply and 
public works, contracts — Directive 89/665 •—• Interim measures — Consideration of 
chances of success of the substantive claim by the body responsible for review 
procedures — Permissibility — Conditions 
(Council Directive 89/665, Art. 2) 
Article 2 of Directive 89/665 on the coor­
dination 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 Directive 92/50 
relating to the coordination of procedures 
for the award of public service contracts 
must be interpreted as meaning that it does 
not preclude the Member States from 
providing that, when a body responsible 
for review procedures for the award of 
public contracts decides an application for 
interim measures, it is bound or authorised 
to take account of the prospects of success 
of an application for a decision of a 
contracting authority to be set aside on 
the ground that it is unlawful, so long as 
the national rules thus governing the adop­
tion of those interim measures are not less 
favourable than those governing similar 
domestic actions and do not make it 
practically impossible or excessively dif­
ficult to exercise the rights conferred by 
Community law. 
(see para. 33, operative part) 
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