Judgment of the Court of 10 December 2002 in Case C-153/00 (Reference for a preliminary ruling from the Onderzoeksrechter in de Rechtbank van eerste aanleg te Turnhout): Paul der Weduwe (Freedom to provide services — Banking activities — Employee of a credit institution established in a Member State and canvassing for clients in another Member State — National legislation on banking secrecy — Refusal to answer questions and to give evidence in a judicial investigation)
Date: 2003-01-25
Institutions: Court of Justice
Subjects: Belgium, banking secrecy, civil liability, credit institution, criminal liability, interpretation of the law

C 19/2

EN

Official Journal of the European Communities

25.1.2003

a preliminary ruling in the proceedings pending before that
court between Universale-Bau AG, Bietergemeinschaft: 1. Hin-
teregger & Söhne Bauges.mbH Salzburg, 2. ÖSTU-STETTIN
Hoch- und Tiefbau GmbH, and Entsorgungsbetriebe Sim-
mering GesmbH, on the interpretation of Article 1(a), (b) and
(c) of Council Directive 93/37/EEC of 14 June 1993 concerning
the coordination of procedures for the award of public works
contracts (OJ 1993 L 199, p. 54), and Council Directive 89/
665/EEC 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 (OJ 1989 L 395, p. 33), 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 (OJ 1992 L 209, p. 1), the Court (Sixth Chamber),
composed of:
J.-P. Puissochet, President of the Chamber,
R. Schintgen, C. Gulmann, V. Skouris (Rapporteur), and
F. Macken, Judges; S. Alber, Advocate General; H.A. Rühl,
Principal Administrator, for the Registrar, has given a judgment
on 12 December 2002, in which it has ruled:

1. A body which was not established to satisfy specific needs in
the general
interest not having an industrial or commercial
character, but which has subsequently taken responsibility for
such needs, which it has since satisfied, fulfils the requirement
of the first indent of the second subparagraph of Article 1(b) of
Council Directive 93/37/EEC of 14 June 1993 concerning the
coordination of procedures for
the award of public works
contracts so as to be regarded as a body governed by public law
within the meaning of that provision, on condition that the
assumption of responsibility for the satisfaction of those needs
can be established objectively.

2.

Council Directive 89/665/EEC 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, 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, does not preclude national legislation which provides
that any application for review of a contracting authority’s
decision must be commenced within a time-limit laid down to
that effect and that any irregularity in the award procedure
relied upon in support of such application must be raised within
the same period, if it is not to be out of time, with the result
that, when that period has passed, it is no longer possible to
challenge such a decision or to raise such an irregularity,
provided that the time-limit in question is reasonable.

3. Directive 93/37 is to be interpreted as meaning that where, in
the context of a restricted procedure, the contracting authority
has laid down in advance the rules for weighting the criteria for
selecting the candidates who will be invited to tender, it is
obliged to state them in the contract notice or tender documents.

JUDGMENT OF THE COURT

of 10 December 2002

in Case C-153/00 (Reference for a preliminary ruling from
the Onderzoeksrechter in de Rechtbank van eerste aanleg
te Turnhout): Paul der Weduwe (1)

(Freedom to provide services — Banking activities —
Employee of a credit institution established in a Member
State and canvassing for clients in another Member State —
National legislation on banking secrecy — Refusal to answer
questions and to give evidence in a judicial investigation)

(2003/C 19/03)

(Language of the case: Dutch)

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

In Case C-153/00: Reference to the Court under Article 234
EC by the Onderzoeksrechter in de Rechtbank van eerste
for a preliminary ruling in
aanleg te Turnhout (Belgium)
the criminal proceedings before that court against Paul der
Weduwe, on the interpretation of Article 49 EC, the Court,
composed of: J.-P. Puissochet, President of the Third and
the Sixth Chambers, acting for the President, M. Wathelet,
R. Schintgen and C.W.A. Timmermans (Presidents of Cham-
bers), C. Gulmann, D.A.O. Edward, A. La Pergola (Rapporteur),
P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr and
J.N. Cunha Rodrigues, Judges; P. Léger, Advocate General;
H.A. Rühl, Principal Administrator, for the Registrar, has given
a judgment on 10 December 2002, in which it has ruled:

The reference for a preliminary ruling by the Onderzoeksrechter in de
Rechtbank van eerste aanleg te Turnhout (Belgium), by order of
13 April 2000, is inadmissible.

( 1) OJ C 63 of 4.3.2000.

(1) OJ C 192 of 8.7.2000.