Judgment of the Court (Sixth Chamber) of 18 June 2002 in Case C-92/00 (Reference for a preliminary ruling from the Vergabekontrollsenat des Landes Wien): Hospital Ingenieure Krankenhaustechnik Planungs-GmbH (HI) v Stadt Wien (Public service contracts — Directive 92/50/EEC — Procedure for the award of public service contracts — Directive 89/665/EEC — Scope — Decision to withdraw an invitation to tender — Judicial review — Scope)
Date: 2002-08-10
Institutions: Court of Justice
Subjects: award of contract, interpretation of the law, invitation to tender, public contract

C 191/4

EN

Official Journal of the European Communities

10.8.2002

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

of 25 June 2002

in Case C-66/00 (Reference for a preliminary ruling from
the Tribunale di Parma): Dante Bigi (1)

(Regulation (EEC) No 2081/92 — Protection of geographical
indications and designations of origin of agricultural prod-
ucts and foodstuffs — Article 13 — System of derogations
— Scope)

(2002/C 191/05)

(Language of the case: Italian)

(Sixth Chamber)

of 18 June 2002

in Case C-92/00 (Reference for a preliminary ruling from
the Vergabekontrollsenat des Landes Wien): Hospital
Ingenieure Krankenhaustechnik Planungs-GmbH (HI) v
Stadt Wien (1)

(Public service contracts — Directive 92/50/EEC — Pro-
cedure for the award of public service contracts — Directive
89/665/EEC — Scope — Decision to withdraw an invitation
to tender — Judicial review — Scope)

(2002/C 191/06)

(Language of the case: German)

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

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

In Case C-66/00: Reference to the Court under Article 234 EC
by the Tribunale di Parma (Italy) for a preliminary ruling in the
criminal proceedings before that court against Dante Bigi,
third party: Consorzio del Formaggio Parmigiano Reggiano,
on the interpretation of Article 13 of Council Regulation (EEC)
No 2081/92 of 14 July 1992 on the protection of geographical
indications and designations of origin for agricultural products
and foodstuffs (OJ 1992 L 208, p. 1), as amended by Council
Regulation (EC) No 535/97 of 17 March 1997 (OJ 1997 L 83,
the Court, composed of: G.C. Rodrı´guez Iglesias,
p. 3),
President, P. Jann, F. Macken, N. Colneric and S. von Bahr
(Presidents of Chambers), D.A.O. Edward (Rapporteur),
J.-P. Puissochet, V. Skouris and J.N. Cunha Rodrigues, Judges;
P. Léger, Advocate General; L. Hewlett, Administrator, for the
Registrar, has given a judgment on 25 June 2002, in which it
has ruled:

On a proper construction of Article 13(2) of Council Regulation
(EEC) No 2081/92 of 14 July 1992 on the protection of
geographical indications and designations of origin for agricultural
products and foodstuffs, as amended by Council Regulation (EC)
No 535/97 of 17 March 1997, products are not covered by the
system of derogations set up by Article 13(2) where they originate in
the State of the protected designation of origin the protection of which
under Article 13(1)(a) and (b) of Regulation No 2081/92, as
amended, is at issue and they do not meet the product specification
for that protected designation of origin.

(1) OJ C 149 of 27.5.2000.

In Case C-92/00: Reference to the Court under Article 234 EC
by the Vergabekontrollsenat des Landes Wien (Austria) for a
preliminary ruling in the proceedings pending before that court
between Hospital Ingenieure Krankenhaustechnik Planungs-
GmbH (HI) and Stadt Wien, on the interpretation of
Article 2(1)(b) of Council Directive 89/665/EEC of 21 Decem-
ber 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 (OJ 1989 L 395, p. 33), as amended by Council
Directive 92/50/EEC of 18 June 1992 relating to the coordi-
nation of procedures for the award of public service contracts
(OJ 1992 L 209, p. 1) and of Directive 92/50 in the version
thereof resulting from European Parliament and Council
Directive 97/52/EC of 13 October 1997 amending Directives
92/50/EEC, 93/36/EEC and 93/37/EEC concerning the coordi-
nation of procedures for the award of public service contracts,
public supply contracts and public works contracts respectively
(OJ 1997 L 328, p. 1), the Court (Sixth Chamber), composed
of: F. Macken, President of
the Chamber, C. Gulmann,
J.-P. Puissochet, V. Skouris (Rapporteur), and J.N. Cunha
Rodrigues, Judges; A. Tizzano, Advocate General; R. Grass,
Registrar, has given a judgment on 18 June 2002, in which it
has ruled:

the laws,

1. Article 1(1) of Council Directive 89/665/EEC of 21 December
1989 on the coordination of
regulations and
administrative provisions relating to the application of review
procedures to the award of public supply and public works
contracts, as amended by Council Directive 92/50/EEC of
18 June 1992 relating to the coordination of procedures for
the award of public service contracts, requires the decision of the
contracting authority to withdraw the invitation to tender for a
public service contract to be open to a review procedure, and to
be capable of being annulled where appropriate, on the ground
that it has infringed Community law on public contracts or
national rules implementing that law.

10.8.2002

EN

Official Journal of the European Communities

C 191/5

2. Directive 89/665, as amended by Directive 92/50, precludes
national legislation from limiting review of the legality of the
withdrawal of an invitation to tender to mere examination of
whether it was arbitrary.

3. Determination of the time to be taken into consideration for
assessing the legality of the decision by the contracting authority
to withdraw an invitation to tender is a matter for national
law, provided that the relevant national rules are not less
favourable than those governing similar domestic actions and
that they do not make it practically impossible or excessively
difficult to exercise rights conferred by Community law.

(1) OJ C 149 of 27.5.2000.

JUDGMENT OF THE COURT

of 18 June 2002

in Case C-242/00: Federal Republic of Germany v Com-
mission of the European Communities (1)

(State aid — Proposed aid — Commission decision holding
aid to be compatible with the common market — Measure
not having an adverse effect — Regional aid — Definition
of eligible regions)

(2002/C 191/07)

(Language of the case: German)

1. Dismisses the action;

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 247 of 26.8.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 27 June 2002

in Case C-258/00: Commission of the European Communi-
ties v French Republic (1)

(Failure to fulfil obligations — Directive 91/676/EEC —
Protection of waters against pollution caused by nitrates
from agricultural sources — Identification of waters affected
by pollution — Designation of vulnerable zones)

(2002/C 191/08)

(Language of the case: French)

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

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

In Case C-242/00, Federal Republic of Germany (Agent:
W.-D. Plessing, assisted by R. M. Bierwagen) v Commission of
the European Communities (Agents: K.-D. Borchardt and
J. Macdonald Flett): Application for the annulment of Com-
mission Decision 2001/272/EC of 14 March 2000 on the
redefinition of assisted areas under the joint Federal Govern-
ment/Länder scheme for improving regional economic struc-
tures in Germany for the period 1 January 2000 to 31 Decem-
ber 2003 — West Germany and Berlin (OJ 2001 L 97, p. 27),
the Court, composed of: G.C. Rodrı´guez Iglesias, President,
P. Jann, F. Macken and N. Colneric (Presidents of Chambers),
C. Gulmann, D.A.O. Edward, J.-P. Puissochet (Rapporteur),
M. Wathelet, R. Schintgen, V. Skouris and C.W.A. Timmer-
mans, Judges; J. Mischo, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
18 June 2002, in which it has ruled:

In Case C-258/00, Commission of the European Communities
(Agent: M. Nolin) v French Republic (Agent: J.-F. Dobelle and
D. Colas, and, subsequently, G. de Bergues and D. Colas),
supported by Kingdom of Spain (Agent: S. Ortiz Vaamonde):
Application for a declaration that, by failing to take the
appropriate steps to identify waters affected by pollution
and, consequently, to designate the corresponding vulnerable
zones, in accordance with Article 3 of and Annex I to Council
Directive 91/676/EEC of 12 December 1991 concerning the
protection of waters against pollution caused by nitrates from
agricultural sources (OJ 1991 L 375, p. 1), the French Republic
has failed to fulfil
its obligations under that directive, the
Court (Sixth Chamber), composed of: F. Macken (Rapporteur),
President of
the Chamber, N. Colneric, C. Gulmann,
R. Schintgen and J.N. Cunha Rodrigues, Judges; L.A. Geelhoed,
Advocate General; L. Hewlett, Administrator, for the Registrar,
has given a judgment on 27 June 2002, in which it: