Case C-458/03: Reference for a preliminary ruling by the Verwaltungsgericht, Autonome Sektion für die Provinz Bozen by order of that Court of 27 September 2003 in the case of Parking Brixen G.m.b.H against Municipality of Brixen/Bressanone and Stadtwerke Brixen A.G.
Date: 2004-01-10
Institutions: Court of Justice
Subjects: interpretation of the law, parking area, provision of services, public contract

10.1.2004

EN

Official Journal of the European Union

C 7/23

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period for transposition of the directive expired on 30 July
2002.

(1) OJ 1998 L 213, p. 13.

Reference for a preliminary ruling by the Verwaltungsge-
richt, Autonome Sektion für die Provinz Bozen by order
of that Court of 27 September 2003 in the case of
Parking Brixen G.m.b.H against Municipality of Brixen/
Bressanone and Stadtwerke Brixen A.G.

(Case C-458/03)

(2004/C 7/38)

Reference for a preliminary ruling by the Tribunale di
Bergamo by order of that Court of 3 August 2003 in the
case brought by Azienda agricola Albergati Giovanni
Angelo against Agenzia Erogazioni in agricoltura ‘AGEA’
and Coop. Latte 2005 S.C.A.R.L.

(Case C-457/03)

(2004/C 7/37)

Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale di Bergamo
(Bergamo District Court) of 3 August 2003, received at the
Court Registry on 29 October 2003, for a preliminary ruling
in the case brought by Azienda agricola Albergati Giovanni
Angelo against Agenzia Erogazioni in agricoltura ‘AGEA’ and
Coop. Latte 2005 S.C.A.R.L. on the following question:

Must Article 1 of Regulation (EEC) No 856/84 (1) of 31 March
1984 and Articles 1 to 4 of Regulation No 3950/92 (2) of
28 December 1992 be interpreted as meaning that
the
additional levy on milk and milk products is in the nature of
an administrative penalty with the result that producers are
liable to pay it only where quantities allocated have been
exceeded by them intentionally or as a result of negligence?

Reference has been made to the Court of Justice of the
European Communities by order of the Verwaltungsgericht,
Autonome Sektion für die Provinz Bozen (Administrative
Court, Autonomous Division for the Province of Bolzano) of
27 September 2003, received at
the Court Registry on
30 October 2003,
for a preliminary ruling in the case
of Parking Brixen G.m.b.H against Municipality of Brixen/
Bressanone and Stadtwerke Brixen A.G. on the following
questions:

1. Does the award of the management of the public pay car
parks in question concern a public service contract within
the meaning of Directive 92/50/EEC (1) or a public service
concession contract to which the competition rules of
in particular the obligation to ensure equal
the EC,
treatment and transparency, must be applied?

2.

If that award does concern a service concession contract
relating to the management of a local public service, is
the award of the management of public pay car parks
which, under Article 44(6)(b) of Regional Law No 1 of
4 January 1993, as amended by Article 10 of Regional
Law No 10 of 23 January 1998 and under Article 88(6)(a)
and (b) of the consolidated text of the provisions concern-
ing local government, can be effected without a public
invitation to tender, compatible with Community law, in
particular with the principles of freedom to provide
services and freedom of competition, the prohibition of
discrimination, and the resultant obligations to ensure
equal treatment, transparency and proportionality, where
a public limited company is involved which was set up
pursuant to Article 115 of Legislative Decree No 267/
2000 by the conversion of a special undertaking of a
municipality, whose share capital at the time of the award
was held 100 % by the municipality itself but whose
administrative board enjoys all extensive powers of
of
to
administration
routine
EURO 5 000 000,00 per transaction?

value

up

a

(1) OJ L 90 of 01.04.1984, p. 10.
(2) OJ L 405 of 31.12.1992, p. 1.

(1) OJ L 209 [1992], p. 1.