Order of the Court (Fifth Chamber) of 5 July 2001 in Case C-341/00 P: Conseil national des professions de l'automobile (CNPA) v Commission of the European Communities (Appeal — Regulation (EC) No 2790/1999 — Appeal clearly unfounded and clearly inadmissible)
Date: 2001-11-10
Institutions: Court of Justice
Subjects: action for annulment (EU), building industry, competition policy, hiring, motor vehicle industry, vertical agreement

10.11.2001

EN

Official Journal of the European Communities

C 317/9

ORDER OF THE COURT

ORDER OF THE COURT

(Fourth Chamber)

of 21 June 2001

(Fifth Chamber)

of 5 July 2001

in Case C-330/00 P: Alsace International Car Services S. à
r. l. v European Parliament (1)

in Case C-341/00 P: Conseil national des professions de
l’automobile (CNPA) v Commission of the European
Communities (1)

(Appeal — Public contracts for services — Passenger trans-
port by chauffeur-driven vehicles for the European Parlia-
ment in Strasbourg — Call for tenders — Compliance with
national law — Rejection of a tender — Appeal partly
clearly inadmissible and partly clearly unfounded)

(2001/C 317/15)

(Language of the case: French)

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

In Case C-330/00 P: Alsace International Car Services S. à r. l.
(AICS), established in Strasbourg (France), represented by
J.-C. Fourgoux, avocat — appeal against the judgment of the
Court of First Instance of the European Communities (Fifth
Chamber) of 6 July 2000 in Case T-139/99 AICS v Parliament
[1998] ECR II-2849, claiming that that judgment should be
set aside and that the forms of order sought by the applicant
at first instance should be granted, the other party to the
proceedings being the European Parliament (Agents: O. Caisou-
Rousseau and A. Neergard) — the Court (Fourth Chamber),
composed of A. La Pergola, President of
the Chamber,
D.A.O. Edward and C.W.A. Timmermans (Rapporteur), Judges;
Advocate General: J. Mischo; Registrar: R. Grass, has made an
order on 21 June 2001, in which it:

1. Dismisses the appeal;

2. Orders Alsace International Car Services S. à r. l. (AICS) to

pay the costs.

(1) OJ C 335 of 25.11.2000.

(Appeal — Regulation (EC) No 2790/1999 — Appeal
clearly unfounded and clearly inadmissible)

(2001/C 317/16)

(Language of the case: French)

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

In Case C-341/00 P: Conseil national des professions de
l’automobile (CNPA), established in Suresnes (France), Fédér-
ation nationale des distributeurs,
loueurs et réparateurs de
matériels de bâtiments-travaux publics et de manutention
(DLR), established in Joinville-le-Pont (France), Auto Contrô-
le 31 SA, established in Toulouse (France), Yam 31 SARL,
established in Toulouse, Roux SA, established in Saint-Denis-
de-Saintonge (France), Marc Foucher-Creteau, residing in Paris
(France), Verdier distribution SARL, established in Juvignac
(France), represented by C. Bourgeon, avocat, — appeal against
the order of the Court of First Instance of the European
Communities (Third Chamber) of 12 July 2000 in Case
T-45/00 Conseil national des professions de l’automobile and Others
v Commission [2000] ECR II-2927, seeking to have that order
set aside, the other party to the proceedings being Commission
of the European Communities (Agent: W. Wils) — the Court
(Fifth Chamber), composed of: A. La Pergola, President of the
Chamber, M. Wathelet, D.A.O. Edward (Rapporteur), P. Jann.
and L. Sevo´ n, Judges; J. Mischo; Advocate General; R. Grass,
Registrar, has given an order on 5 July 2001, the operative
part of which is as follows:

1.

2.

3.

The appeal is dismissed.

There is no need to decide on the application to intervene.

The Conseil national des professions de l’automobile (CNPA),
the Fédération nationale des distributeurs, loueurs et réparateurs
de matériels de bâtiments-travaux publics et de manutention
(DLR), Auto Contrôle 31 SA, Yam 31 SARL, Roux SA,
Marc Foucher-Creteau and Verdier distribution SARL are
ordered jointly and severally to pay the costs.

C 317/10

EN

Official Journal of the European Communities

10.11.2001

4.

The Confédération belge du commerce et de la réparation
automobile et des secteurs connexes ASBL (Federauto) is ordered
to bear its own costs.

(1) OJ C 316 of 4.11.2000.

Reference for a preliminary ruling by the VAT and Duties
Tribunals, London Tribunal Centre, by direction of that
court of 6 June 2001,
in the case of 1) Dr Peter L.
d’Ambrumenil, 2) Dispute Resolution Services Ltd against
Commissioners of Customs and Excise

(Case C-307/01)

(2001/C 317/17)

Reference has been made to the Court of Justice of the
European Communities by a direction of the VAT and Duties
Tribunals, London Tribunal Centre, of 6 June 2001, which was
received at the Court Registry on 6 August 2001, for a
preliminary ruling in the case of 1) Dr Peter L. d’Ambrumenil,
2) Dispute Resolution Services Ltd against Commissioners of
Customs and Excise, on the following questions:

1.

Is article 13A(1)(c) of Directive 77/388/EEC (1) of 17 May
1977 on the harmonisation of the laws of the Member
States relating to turnover taxes to be interpreted as
covering the following activities when performed in the
exercise of the medical profession as defined by the
Member State:

(a)

(b)

(c)

(d)

conducting medical examinations of individuals for
employers or insurance companies.

the taking of blood or other bodily samples to test
for the presence of viruses,
infections or other
diseases on behalf of employers or insurers,

1.

certification of medical fitness, for example, as to
fitness to travel,

giving certificates as to a person’s medical condition
for purposes such as entitlement to a War Pension,

(e) medical examinations conducted with a view to the
preparation of expert Medical Reports regarding
issues of liability and the quantification of damages
for individuals contemplating personal injury liti-
gation,

(f)

the preparation of Medical Reports

(i)

following the examinations referred to in (e)
and

(ii) based on medical notes but without conducting

a medical examination,

(g) medical examinations conducted with a view to the
preparation of expert Medical Reports regarding
professional medical negligence for individuals con-
templating litigation, and

(h)

the preparation of Medical Reports

(i)

following the examinations referred to in (g)
and

(ii) based on medical notes but without conducting

a medical examination?

(1) OJ L 145 of 13.6.1977, p. 1.

Reference for a preliminary ruling by the Bundesverga-
beamt (Austria) by order of 11 July 2001 in the case of
(1) Siemens AG O¨ sterreich; (2) ARGE Telekom & Partner
v Hauptverband der österreichischen Sozialversiche-
rungsträger; intervening party: EDS/ORGA consortium

(Case C-314/01)

(2001/C 317/18)

Reference has been made to the Court of Justice of the
European Communities by order of 11 July 2001 by the
Bundesvergabeamt
(Austrian Federal Procurement Office),
which was received at the Court Registry on 9 August 2001,
for a preliminary ruling in the case of
(1) Siemens AG
O¨ sterreich; (2) ARGE Telekom & Partner v Hauptverband der
österreichischen Sozialversicherungsträger; intervening party:
EDS/ORGA consortium, on the following questions:

Is Council Directive 89/665/EEC (1) of 21 December
1989 on the coordination of the laws, regulations and
administrative provisions relating to the application of
review procedures to the award of public supply and
public works contracts, and in particular Article 2(1)(b)
if necessary in conjunction with Article 2(7)
thereof,
thereof, to be interpreted as meaning that the legal effect
of a decision taken by a national review body within the
meaning of Article 2(8) of Directive 89/665 relating to
the setting aside of a contracting authority’s decision not
to cancel a contract award procedure is that if national
law does not provide any basis for the effective and
compulsory enforcement of the review body’s decision
against the contracting authority, the contract award
procedure is automatically terminated by the national
review body’s decision, without the need for any further
act by the contracting authority?