Judgment of the Court (Sixth Chamber) of 23 January 2003 in Case C-57/01 (Reference for a preliminary ruling from the Dioikitiko Efeteio Athinon): Makedoniko Metro, Mikhaniki AE v Elliniko Dimosio, (Public works contracts — Rules for participating — Group of contractors submitting a tender — Change in the composition of the group — Prohibition laid down in the contract documents — Compatibility with Community law — Review procedures)
Date: 2003-03-08
Institutions: Court of Justice
Subjects: administrative procedure, award of contract, interpretation of the law, invitation to tender, public contract, works contract

C 55/4

EN

Official Journal of the European Union

8.3.2003

and C-16/01), on the interpretation of Articles 28 EC and 30
EC and of Council Directive 79/112/EEC of 18 December
1978 on the approximation of the laws of the Member States
relating to the labelling, presentation and advertising of
foodstuffs (OJ 1979 L 33, p. 1), as amended by Directive 97/
4/EC of the European Parliament and of the Council of
27 January 1997 (OJ 1997 L 43, p. 21), the Court (Sixth
Chamber), composed of: R. Schintgen, President of the Second
Chamber, acting for the President of the Sixth Chamber,
V. Skouris, F. Macken, N. Colneric and J.N. Cunha Rodrigues
(Rapporteur),
Judges; L.A. Geelhoed, Advocate General;
R. Grass, Registrar, has given a judgment on 23 January 2003,
in which it has ruled:

Articles 2(1)(b) and 15(1) and (2) of Council Directive 79/112/
EEC of 18 December 1978 on the approximation of the laws of the
Member States relating to the labelling, presentation and advertising
of foodstuffs, as amended by Directive 97/4/EC of the European
Parliament and of the Council of 27 January 1997, preclude a
system such as that established by Paragraph 9(1) and (3) of the
Bundesgesetz über den Verkehr mit Lebensmitteln, Verzehrprodukten,
Zusatzstoffen, kosmetischen Mitteln und Gebrauchsgegenständen
(Lebensmittelgesetz 1975) (Federal Law on trade in foodstuffs,
products
intended for human consumption, additives, cosmetic
products and consumer goods) which lays down a general prohibition,
subject to prior authorisation, of all health-related information on
the labelling and presentation of foodstuffs.

( 1) OJ C 28 of 27.01.2001.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 23 January 2003

21 December 1989 on the coordination of the laws, regu-
lations 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), and 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), the Court (Sixth Chamber), composed of:
C. Gulmann, acting for the President of the Sixth Chamber,
V. Skouris, F. Macken, N. Colneric and J.N. Cunha Rodrigues
(Rapporteur),
Judges; C. Stix-Hackl, Advocate General;
H. A. Rühl, Principal Administrator, for the Registrar, has
given a judgment on 23 January 2003, in which it has ruled:

1.

2.

Council Directive 93/37/EEC of 14 June 1993 concerning the
coordination of procedures for
the award of public works
contracts does not preclude national rules which prohibit a
change in the composition of a group consortium taking part
in a procedure for the award of a public works contract or a
public works concession which occurs after submission of
tenders;

In so far as a decision of a contracting authority adversely
affects the rights conferred on a consortium by Community law
in the context of a procedure for the award of a public contract,
the consortium must be able to avail
itself of the review
procedures provided for by 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.

(1) OJ C 150 of 19.5.2001.

in Case C-57/01 (Reference for a preliminary ruling
from the Dioikitiko Efeteio Athinon): Makedoniko Metro,
Mikhaniki AE v Elliniko Dimosio (1),

(Public works contracts — Rules for participating — Group
of contractors submitting a tender — Change in the compo-
sition of the group — Prohibition laid down in the contract
documents — Compatibility with Community law — Review
procedures)

(2003/C 55/07)

(Language of the case: Greek)

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

In Case C-57/01: Reference to the Court under Article 234 EC
by the Diikitiko Efetio Athinon (Greece) for a preliminary
ruling in the proceedings pending before that court between
Makedoniko Metro, Mikhaniki AE and Elliniko Dimosio,
on the interpretation of Council Directive 89/665/EEC of

JUDGMENT OF THE COURT

(Sixth Chamber)

of 30 January 2003

in Case C-226/01: Commission of the European Communi-
ties v Kingdom of Denmark (1)

(Failure by a Member State to fulfil
its obligations —
Quality of bathing water — Inadequate implementation of
Directive 76/160/EEC)

(2003/C 55/08)

(Language of the case: Danish)

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

In Case C-226/01, Commission of the European Communities
(Agent: H. C. Støvlbæk) v Kingdom of Denmark (Agents:
J. Molde and J. Bering Liisberg): Application for a declaration