Order of the Court (Second Chamber) of 30 May 2002 in Case C-358/00 (Reference for a preliminary ruling from the Oberlandesgericht Düsseldorf): Buchhändler-Vereinigung GmbH v Saur Verlag GmbH & Co. KG, Die Deutsche Bibliothek (Article 104(3) of the Rules of Procedure — Public service contracts — Directive 92/50/EEC — Public service concession)
Date: 2002-08-10
Institutions: Court of Justice
Subjects: award of contract, contract, interpretation of the law, public contract, publishing

C 191/12

EN

Official Journal of the European Communities

10.8.2002

1.

The following are dismissed as manifestly inadmissible and/or
manifestly unfounded:

— second ground of appeal, second to fifth parts;

— third ground of appeal;

— sixth ground of appeal;

— eighth ground of appeal;

— ninth ground of appeal, first part;

— eleventh ground of appeal, first, second, fourth and fifth

parts;

— sixteenth ground of appeal;

— seventeenth ground of appeal;

— nineteenth ground of appeal;

P.C. Gaito, lawyers — appeal against the judgment of the
Court of First Instance of the European Communities, Fourth
Chamber, Extended Composition, of 15 March 2000 in Joined
Cases T-25/95, T-36/95, T-30/95 to T-32/95, T-34/95 to
T-39/95, T-42/95 to T-46/95, T-48/95, T-50/95 to T-65/95,
T-68/95 to T-71/95, T-87/95 to T-88/95 and T-103/95 to
T-104/95 Cimenteries CBR v Commission [2000] ECR II-491,
seeking to have that judgment set aside, the other party to the
proceedings being Commission of the European Communities
(Agents: R. Lyal, assisted by A. Dal Ferro) — the Court,
composed of
the Chamber,
D.A.O. Edward (Rapporteur), A. La Pergola, M. Wathelet and
A. Rosas, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
R. Grass, Registrar, made an order on 5 June 2002, the
operative part of which is as follows:

Presidents of

Jann,

P.

1.

2.

The fourth and fifth parts of the sixth ground of appeal are
dismissed as manifestly unfounded.

Costs are reserved.

— twentieth ground of appeal, and

(1) OJ C 247 of 26.8.2000.

— twentieth and twenty-first grounds of appeal.

2.

Costs are reserved.

(1) OJ C 247 of 26.8.2000.

ORDER OF THE COURT

(Fifth Chamber)

of 5 June 2002

in Case C-219/00 P: Cementir — Cementerie del Tirreno
SpA v Commission of the European Communities (1)

(Appeals — Competition — Cement — Article 85(1) of the
in part
EC Treaty (now, Article 81(1) EC) — Appeal

manifestly unfounded)

(2002/C 191/20)

(Language of the case: Italian)

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

ORDER OF THE COURT

(Second Chamber)

of 30 May 2002

in Case C-358/00 (Reference for a preliminary ruling
from the Oberlandesgericht Düsseldorf): Buchhändler-
Vereinigung GmbH v Saur Verlag GmbH & Co. KG, Die
Deutsche Bibliothek (1)

(Article 104(3) of the Rules of Procedure — Public service
contracts — Directive 92/50/EEC — Public service con-
cession)

(2002/C 191/21)

(Language of the case: German)

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

In Case C-219/00 P: Cementir — Cementerie del Tirreno
SpA, established in Rome, represented by G.M. Roberti and

In Case C-358/00: Reference to the Court under Article 234 EC
by the Oberlandesgericht Düsseldorf (Germany) for a prelimi-
nary ruling in the proceedings pending before that court

10.8.2002

EN

Official Journal of the European Communities

C 191/13

between Buchhändler-Vereinigung GmbH and Saur Verlag
GmbH & Co. KG, Die Deutsche Bibliothek, on the interpret-
ation of Articles 1 and 8 of Council Directive 92/50/EEC of
18 June 1992 relating to the coordination of procedures for
the award of public service contracts (OJ 1992 L 209, p. 1), as
amended by European Parliament and Council Directive 97/
52/EC of 13 October 1997 (OJ 1997 L 328, p. 1), the Court
(Second Chamber) composed of: N. Colneric, President of the
Chamber, R. Schintgen and V. Skouris (Rapporteur), Judges;
C. Stix-Hackl, Advocate General; R. Grass, Registrar, has made
an order on 30 May 2002, the operative part of which is as
follows:

A concession contract for public publishing services is excluded, under
Community law as it stands at present, from the scope of Council
Directive 92/50/EEC of 18 June 1992 relating to the coordination
of procedures for the award of public service contracts, as amended by
European Parliament and Council Directive 97/52/EC of 13 October
1997, even though, by reason of its specific object, it is covered by
Annex I A to that directive to which Article 8 thereof refers.

(1) OJ C 355 of 9.12.2000.

ORDER OF THE COURT

of 26 April 2002

in Case C-454/00 (reference for a preliminary ruling from
the Corte d’Appello di Milano): VIS Farmaceutici Istituto
scientifico delle Venezie SpA v Duphar International
Research BV (1)

(Preliminary ruling — Inadmissibility)

(2002/C 191/22)

(Language of the case: Italian)

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

In Case C-454/00: reference to the Court under Article 234 EC
from the Corte d’appello di Milano (Italy) for a preliminary
ruling in the proceedings pending before that court between
VIS Farmaceutici Istituto scientifico delle Venezie SpA and
Duphar International Research BV,
intervener: Consorzio
Produttori Principi Attivi Generici (CPA) — on the interpret-
ation of Article 4 of Council Regulation (EEC) No 1768/92 of
18 June 1992 concerning the creation of a supplementary
protection certificate for medicinal products (OJ 1992 L 182,

of

p. 1) — the Court, composed of: G.C. Rodrı´guez Iglesias,
President, P. Jann, F. Macken, N. Colneric and S. von Bahr,
(rapporteur),
Presidents
D. A. O. Edward, A. La Pergola, J.-P. Puissochet, M. Wathelet,
V. Skouris, J. N. Cunha Rodrigues and C. W. A. Timmermans,
Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar,
has made an order on 26 April 2002, in which it has ruled:

C. Gulmann

Chamber,

The question referred by the Corte d’Appello di Milano by order of
25 October 2000 is inadmissible.

(1) OJ C 17, 19.1.2002.

ORDER OF THE COURT

of 17 May 2002

in Case C-406/01: Federal Republic of Germany v Euro-
pean Parliament and Council of the European Union (1)

(Action for annulment — Manifest inadmissibility — Delay)

(2002/C 191/23)

(Language of the case: German)

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

In Case C-406/01: Federal Republic of Germany (Agents:
W.-D. Plessing and M. Lumma, assisted by J. Sedemund) v
European Parliament (Agents: C. Pennera and E. Waldherr) and
Council of the European Union (Agents: E. Karlsson and
J.-P. Hix) — application for annulment of Article 3(1) in
conjunction with Article 3(2) of Directive 2001/37/EC of the
European Parliament and of the Council of 5 June 2001 on
the approximation of the laws, regulations and administrative
provisions of the Member States concerning the manufacture,
presentation and sale of tobacco products (OJ 2001 L 194,
p. 26), in so far as those provisions prohibit the manufacture
of cigarettes for export from the European Community to
non-Member States — the Court, composed of: G.C. Rodrı´guez
Iglesias, President, P. Jann, F. Macken, N. Colneric and S. von
Bahr (Presidents of Chambers), C. Gulmann, D.A.O. Edward,
A. La Pergola (Rapporteur),
J.-P. Puissochet, M. Wathelet,
R. Schintgen, V. Skouris, J.N. Cunha Rodrigues, C.W.A. Tim-
Judges; C. Stix-Hackl, Advocate
mermans and A. Rosas,
General; R. Grass, Registrar, made an order on 17 May 2002,
the operative part of which is as follows: