Opinion of the Advocate General — ECLI:EU:C:2006:410
Date: 2006-06-15
Language of the case: French
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Approximation of laws;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: France

Summary of the Judgment 1. Approximation of laws – Procedure for the award of public works contracts – Directive 93/37 – Public works contracts – Concept (Council Directive 93/37, Art. 1(a)) 2. Approximation of laws – Procedure for the award of public works contracts – Directive 93/37 – Scope (Council Directive 93/37, Art. 6) 3. Approximation of laws – Procedure for the award of public works contracts – Directive 93/37 – Scope (Council Directive 93/37, Art. 1(a)) 1. An agreement by which a first contracting authority entrusts a second contracting authority with the execution of a work constitutes a public works contract within the meaning of Article 1(a) of Directive 93/37 concerning the coordination of procedures for the award of public works contracts, whether or not it is anticipated that the first contracting authority is or will become the owner of all or part of that work. (see para. 47, operative part 1) 2. In order to determine the value of a contract for the purpose of Article 6 of Directive 93/37 concerning the coordination of procedures for the award of public works contracts, account must be taken of the total value of the works contract from the point of view of a potential tenderer, including not only the total amounts to be paid by the contracting authority but also all the revenue received from third parties. (see para. 57, operative part 2) 3. A contracting authority is not exempt from using the procedures for the award of public works contracts laid down in Directive 93/37 concerning the coordination of procedures for the award of public works contracts on the ground that, in accordance with national law, the agreement may be concluded only with certain legal persons, which themselves have the capacity of contracting authority and which will be obliged, in turn, to apply those procedures to the award of any subsequent contracts. (see para. 68, operative part 3)