Removal from the register of Case C-358/99
Date: 2003-03-08
Institutions: Court of Justice
Subjects: Italy, company with share capital, interpretation of the law, limited partnership, private limited company, tax system

8.3.2003

EN

Official Journal of the European Union

C 55/17

Freedoms, preclude the barring of the submission of an
application to participate in or a tender for a public
contract for works, supplies or services by any person
who has been responsible for research, testing, study or
development in respect of those works, supplies or
services where that person has not been given an
opportunity to prove that, in the circumstances of the
case, the experience he has acquired could not distort
competition?

2. Would the answer to the preceding question be different if
the abovementioned directives, considered in conjunction
with the same principle, freedom and law, were interpret-
ed as covering only private undertakings or undertakings
which had supplied gratuitous services?

3.

Can Council Directive 92/13/EEC of 25 February 1992
coordinating the laws, regulations and administrative
provisions relating to the application of Community rules
on the procurement procedures of entities operating in
the water, energy, transport and telecommunications
sectors (3), and in particular Articles 1 and 2 thereof, be
interpreted as meaning that a contracting entity may
exclude, up to the end of the process of evaluation of
from participation in the procedure or
the tenders,
submission of a tender, an undertaking connected to any
person who has been responsible for the research, testing,
study or development in respect of the works, supplies or
services, although when questioned in that regard by the
contracting authority that undertaking declares that it has
gained therefrom no unfair advantage of a nature such as
to distort the normal conditions of competition?

( 1) OJ L 199 of 09.08.1993, p. 84.
( 2) OJ L 101 of 01.04.1998, p. 1.
( 3) OJ L 76 of 23.03.1992, p. 14.

Removal from the register of Case C-304/99 (1)

(2003/C 55/31)

By order of 15 November 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-304/99 (Reference for a preliminary
ruling by the Tribunale di Brescia): F. Apollonio & C. SpA v
Ministero delle Finanze.

(1) OJ C 333 of 20.11.1999.

Removal from the register of Case C-305/99 (1)

(2003/C 55/32)

By order of 15 November 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-305/99 (Reference for a preliminary
ruling by the Tribunale di Brescia): Leglerdata SpA v Ministero
delle Finanze.

(1) OJ C 333 of 20.11.1999.

Removal from the register of Case C-303/99 (1)

Removal from the register of Case C-358/99 (1)

(2003/C 55/30)

(2003/C 55/33)

By order of 15 November 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-303/99 (Reference for a preliminary
ruling by the Tribunale di Brescia): Markfactor SpA v Ministero
delle Finanze.

By order of 19 November 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-358/99 (Reference for a preliminary
ruling by the Tribunale di Brescia): Tecnologie Meccaniche
Avanzate Srl (TMA) v Ministero delle Finanze.

( 1) OJ C 333 of 20.11.1999.

(1) OJ C 352 of 4.12.1999.