Case C-432/00: Reference for a preliminary ruling by the Tribunale Amminstrativo Regionale per la Lombardia by order of that court of 6 October 2000 in the case of Europetrol SpA v Azienda Lombarda Edilizia Residenziale Milano (A.L.E.R.) and Orion SCRL
Date: 2001-01-27
Institutions: Court of Justice
Subjects: application of EU law, award of contract, interpretation of the law, right to justice, works contract

27.1.2001

EN

Official Journal of the European Communities

C 28/21

Action brought on 22 November 2000 by the Com-
mission of the European Communities against the Portu-
guese Republic

(Case C-431/00)

(2001/C 28/40)

An action against
the Portuguese Republic was brought
before the Court of Justice of the European Communities on
22 November 2000 by the Commission of the European
Communities, represented by Anto´ nio Caeiros, of its Legal
Service, acting as Agent, with an address for service in
Luxembourg at the office of Carlos Go´ mez de la Cruz, of its
Legal Service, Wagner Centre, Kirchberg.

The applicant claims that the Court should:

— declare that, by failing to bring into force within the
prescribed period the laws, regulations or administrative
provisions necessary to comply with Council Directive
96/82/EC (1) of 9 December 1996 on the control of
major-accident hazards involving dangerous substances,
the Portuguese Republic has failed to fulfil its obligations
under the first paragraph of Article 10 and the third
paragraph of 249 of the EC Treaty, as well as the
provisions of Article 24(1) of Directive 96/82/EC;

— in the alternative, declare that, by failing to inform
the Commission immediately of such measures,
the
Portuguese Republic failed to fulfil its obligations under
the above provisions;

— Order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those
relied on in Case C-407/00 (2); the time-limit for transposing
the directive expired on 3 February 1999.

(1) OJ 1997 L 10, p. 13.
(2) See p. 13 of this Official Journal.

Reference for a preliminary ruling by the Tribunale
Amminstrativo Regionale per la Lombardia by order of
that court of 6 October 2000 in the case of Europetrol
SpA v Azienda Lombarda Edilizia Residenziale Milano
(A.L.E.R.) and Orion SCRL

(Case C-432/00)

(2001/C 28/41)

Reference has been made to the Court of Justice of the
European Communities by an order of the Tribunale Amminis-
trativo Regionale per la Lombardia (Regional Administrative
Court for the Lombardy Region) of 6 October 2000, which
was received at the Court Registry on 22 November 2000, for
a preliminary ruling in the case of Europetrol SpA v Azienda
Lombarda Edilizia Residenziale Milano (A.L.E.R.) and Orion
SCRL, on the following question:

May Article 31 — and in particular Article 31(1)(c) — of
Council Directive 92/50 (1) of 18 June 1992 relating to the
coordination of procedures for the award of public service
contracts be interpreted as meaning that
the competent
national courts are required to protect citizens of the Union
adversely affected by measures adopted in breach of Com-
munity law by resorting, in particular, to disapplication as
provided for in Article 5 of Law No 2248 of 20 March 1865
with respect to clauses of an invitation to tender which are
contrary to Community law but were not challenged within
the short time-limit laid down by national procedural law for
the application of Community law by the court of its own
motion, whenever it is found, first, that the application of
Community law has been seriously impeded or rendered
difficult
there is a public
interest, of Community or national origin, which justifies such
application, and does Article 6(2) of the Treaty which, by
providing for respect of the fundamental rights safeguarded by
the European Convention on Human Rights and Fundamental
Freedoms, has adopted the principle of effective judicial
protection provided for in Articles 6 and 13 of that Conven-
tion, lead to the same conclusion?

in any way, and second,

that

(1) OJ L 209 of 24.7.1992, p. 1.