Opinion of the Advocate General — ECLI:EU:C:1998:389
Date: 1998-07-16
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Ireland

Summary of the Judgment
Approximation of laws — Procedures for the award of public supply contracts— Directive 77/62
— Contracting authorities — Bodies corresponding to legal persons governed by public law —
Annex I to Directive 77/62 — Public authorities whose public supply contracts are subject to
control by the State
(Council Directive 77/62, Art. 1(b) and Annex I, Point VI)
A body such as Coillte Teoranta (Irish For­
estry Board) is a contracting authority within
the meaning of Article 1(b) of Directive 77/62
coordinating procedures for the award of
public supply contracts.
I - 8761
SUMMARY — CASE C-306/97
Such a body, which has legal personality and
does not award public contracts on behalf of
the State or a regional or local authority,
cannot be regarded as being the State or a
regional or local authority, but constitutes a
body corresponding to legal persons gov­
erned by public law within the meaning of
Article 1(b) of Directive 77/62 in conjunction
with Point VI (Ireland) of Annex I thereto,
where the State may exercise control, at least
indirectly, over the award of public supply
contracts.
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