Judgment of the Court (Sixth Chamber) of 12 July 2001 in Case C-399/98 (reference for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia): Ordine degli Architetti delle Province di Milano et Lodi v Comune di Milano (Public works contracts — Directive 93/37/EEC — National legislation under which the holder of building or planning permission may execute infrastructure works directly in lieu of tax — National legislation permitting the public authorities to negotiate directly with an individual the terms of administrative acts concerning him)
Date: 2001-09-29
Institutions: Court of Justice
Subjects: EU law - national law, award of contract, competition, interpretation of the law, public contract, works contract

29.9.2001

EN

Official Journal of the European Communities

C 275/3

1. Article 22(1)(c) and (i) of Council Regulation (EEC)
No 1408/71 of 14 June 1971 on the application of socia1
security schemes to employed persons, to self-employed persons
and to members of their families moving within the Community,
in the version amended and updated by Council Regulation
(EEC) No 2001/83 of 2 June 1983, is to be interpreted as
meaning that, when an insured person has been authorised by
the competent institution to go to another Member State for
treatment, the institution of the place where the treatment is
provided is required to provide him with benefits in kind in
accordance with the rules on assumption of the costs of health
care which the latter administers, as if the person concerned
were registered with it.

Where the request of an insured person for authorisation on the
basis of Article 22(1) (c) of that regulation as been refused by
the competent institution and it is subsequently established that
such refusal was unfounded, the person concerned is entitled to
be reimbursed directly by the competent institution by an
amount equivalent to that which would have been borne by the
institution of the place of stay under the rules laid down by the
legislation applied by the latter institution if authorisation had
been properly granted in the first place.

As Article 22 of that regulation is not intended to regulate any
reimbursement at the tariffs in force in the Member State of
registration,
it does not have the effect of preventing or
prescribing payment by that State of additional reimbursement
covering the difference between the system of cover laid down by
the legislation of that State and the system applied by the
Member State of stay, where the former is more advantageous
than the latter and such reimbursement is provided for by the
legislation of the Member State of registration.

Article 59 of the EC Treaty (now, after amendment, Article 49
EC) is to be interpreted as meaning that, if the reimbursement
of costs incurred on hospital services provided in a Member
State of stay, calculated under the rules in force in that State, is
less than the amount which application of the legislation in
force in the Member State of registration would afford to a
person receiving hospital treatment in that State, additional
reimbursement covering that difference must be granted to the
insured person by the competent institution.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 12 July 2001

in Case C-399/98 (reference for a preliminary ruling
from the Tribunale Amministrativo Regionale per la
Lombardia): Ordine degli Architetti delle Province di
Milano et Lodi v Comune di Milano (1)

(Public works contracts — Directive 93/37/EEC — National
legislation under which the holder of building or planning
permission may execute infrastructure works directly in
lieu of tax — National legislation permitting the public
authorities to negotiate directly with an individual the terms
of administrative acts concerning him)

(2001/C 275/05)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-399/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC)
from the Tribunale
Amministrativo Regionale per la Lombardia (Regional Admin-
istrative Court of Lombardy) (Italy) for a preliminary ruling in
the proceedings pending before that court between Ordine
degli Architetti delle Province di Milano et Lodi, Piero De
Amicis, Consiglio Nazionale degli Architetti, Leopoldo Freyrie
and Comune di Milano,
Interveners: Pirelli SpA, Milano
Centrale Servizi SpA, Fondazione Teatro alla Scala, formerly
Ente Autonomo Teatro alla Scala — on the interpretation of
Council Directive 93/37/EEC of 14 June 1993 concerning the
coordination of procedures far the award of public works
contracts (OJ 1993 L 199, p. 54) — the Court (Sixth Chamber),
composed of: C. Gulmann, President of the Chamber, V. Skou-
ris (Rapporteur), J-P. Puissochet, R. Schintgen and F. Macken,
Judges; P. Léger, Advocate General; L. Hewlett, Administrator,
for the Registrar, has given a judgment on 12 July 2001, the
operative part of which is as follows:

2. Article 36 of Regulation No 1408/71, in the version amended
and updated by Regulation No 2001/83, cannot be interpreted
as meaning that it follows from that provision that a covered
person who has
requested authorisation on the basis of
Article 22(1)(c) of that regulation and been refused by the
competent institution is entitled to reimbursement of all the
medical costs which he incurred in the Member State in which
he received treatment once it is established that the rejection of
his request for authorisation was unfounded.

Council Directive 93/37/EEC of 14 June 1993 concerning the
coordination of procedures for the award of public works contracts
precludes national urban development legislation under which, in
disregard of the procedures laid down in the Directive, the holder of a
building permit or planning permission may execute an infrastructure
work directly, in return for exemption, wholly or in art, from the
charge payable upon such permission being granted, in cases where
the value of that work is not less than the ceiling fixed by the
Directive.

(1) OJ C 397 of 19.12.1998.

(1) OJ C 1 of 4.1.1999.