Judgment of the Court (Fifth Chamber) of 22 May 2003 in Case C-18/01 (Reference for a preliminary ruling from the Kilpailuneuvosto): Arkkitehtuuritoimisto Riitta Korhonen Oy, Arkkitehtitoimisto Pentti Toivanen Oy, Rakennuttajatoimisto Vilho Tervomaa v Varkauden Taitotalo Oy (Directive 92/50/EEC — Public service contracts — Definition of "contracting authoritye" — Body governed by public law — Company set up by a regional or local authority to promote the development of industrial or commercial activities on the territory of that authority)
Date: 2003-07-19
Institutions: Court of Justice
Subjects: award of contract, interpretation of the law, provision of services, public administration, public contract, services contract

19.7.2003

EN

Official Journal of the European Union

C 171/5

from being regarded by the national court as capable of being
relied on against operators who carried on the activity of grating
and packaging the product in the period prior to the entry into
force of Regulation No 1107/96, should that court consider
that during that period the Decree of 4 November 1991 was
applicable by virtue of the aforesaid Convention between the
French Republic and the Italian Republic and capable of being
relied on against those concerned by virtue of the national rules
on publicity.

( 1) OJ C 469 of 10.2.2001.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 22 May 2003

in Case C-18/01 (Reference for a preliminary ruling
from the Kilpailuneuvosto): Arkkitehtuuritoimisto Riitta
Korhonen Oy, Arkkitehtitoimisto Pentti Toivanen Oy,
Rakennuttajatoimisto Vilho Tervomaa v Varkauden Taito-
talo Oy (1)

(Directive 92/50/EEC — Public service contracts — Defi-
nition of ‘contracting authoritye’ — Body governed by public
law — Company set up by a regional or local authority to
promote the development of industrial or commercial activi-
ties on the territory of that authority)

(2003/C 171/05)

(Language of the case: Finnish)

of the Fourth Chamber, acting for the President of the Fifth
Chamber, D. A. O. Edward, P. Jann, S. von Bahr and A. Rosas,
Judges; S. Alber, Advocate General; M.-F. Contet, Principal
Administrator, for the Registrar, has given a judgment on
22 May 2003, in which it has ruled:

1. A limited company established, owned and managed by a
regional or local authority meets a need in the general interest,
within the meaning of the second subparagraph of Article 1(b)
of Council Directive 92/50/EEC of 18 June 1992 relating to
the coordination of procedures for the award of public service
contracts, where it acquires services with a view to promoting
the development of industrial or commercial activities on the
territory of that
regional or local authority. To determine
whether that need has no industrial or commercial character,
the national court must assess the circumstances which prevailed
when that company was set up and the conditions in which it
carries on its activity, taking account in particular of the fact
that it does not aim primarily at making a profit, the fact that
it does not bear the risks associated with the activity, and any
public financing of the activity in question.

2.

The fact that the premises to be constructed are leased only to a
single undertaking is not capable of calling into question the
lessor’s status of a body governed by public law, where it is
shown that the lessor meets a need in the general interest not
having an industrial or commercial character.

(1) OJ C 95 of 24.3.2001.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 22 May 2003

in Case C-103/01: Commission of the European Communi-
ties v Federal Republic of Germany (1)

(Failure of a Member State to fulfil obligations — Directive
89/686/EEC — Scope — Derogations — Personal protective
equipment designed and manufactured specifically for use
by the armed forces or in the maintenance of law and order)

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

(2003/C 171/06)

(Language of the case: German)

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

In Case C-18/01: Reference to the Court under Article 234 EC
by the Kilpailuneuvosto (Finland) for a preliminary ruling in
the proceedings pending before that court between Arkkitehtu-
uritoimisto Riitta Korhonen Oy, Arkkitehtitoimisto Pentti
Toivanen Oy, Rakennuttajatoimisto Vilho Tervomaa and Var-
kauden Taitotalo Oy, on the interpretation of Article 1(b) 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), the Court (Fifth Chamber),
composed of: C. W. A. Timmermans (Rapporteur), President

In Case C-103/01, Commission of the European Communities
(Agent: J. Shieferer) v Federal Republic of Germany (Agents:
W.-D. Plessing, B. Muttelsee-Schön and H.-W. Rengeling)
supported by French Republic (Agents: G. de Bergues and
D. Colas): Application for a declaration that, by making, by
means of the legislation of certain Länder, personal protective
equipment for firefighters subject to additional requirements,
although it complies with the requirements of Council Direc-
tive 89/686/EEC of 21 December 1989 on the approximation