Order of the Court of Justice (Fourth Chamber) of 29 April 2004 in Case C-202/03 (reference by the Tribunale Amministrativo per la Lombardia, Sezione Staccato di Brescia, for a preliminary ruling): DAC SpA v Azienda Ospedaliera ‘Spedali Civili’ di Brescia (Article 104(3) of the Rules of Procedure — Directive 89/665/EEC — Review procedures in the sphere of public procurement — Interim relief ante causam)
Date: 2004-04-30
Institutions: Court of Justice
Subjects: approximation of laws, award of contract, interpretation of the law, national implementing measure, public contract, supplies contract, works contract

30.4.2004

EN

Official Journal of the European Union

C 118/31

ORDER OF THE COURT OF JUSTICE

ORDER OF THE COURT OF JUSTICE

(Fourth Chamber)

of 29 April 2004

(Third Chamber)

of 1 April 2004

in Case C-202/03 (reference by the Tribunale Amministra-
tivo per la Lombardia, Sezione Staccato di Brescia, for a
preliminary ruling): DAC SpA v Azienda Ospedaliera
‘Spedali Civili’ di Brescia (1)

in Case C-216/03 (reference for a preliminary ruling from
the Landesgericht
für Zivilrechtssachen Wien): DLD
Trading Company Import-Export, spol. s.r.o. v Republic of
Austria (1)

(Article 104(3) of
the Rules of Procedure — Directive
89/665/EEC — Review procedures in the sphere of public
procurement — Interim relief ante causam)

(2004/C 118/56)

(Language of the case: Italian)

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

In Case C-202/03 – reference to the Court of Justice pursuant
to Article 234 EC by the Tribunale Amministrativo Regionale
per la Lombardia, Sezione Staccata di Brescia (Regional Admin-
istrative Court for Lombardy, Brescia Division)
(Italy) for a
preliminary ruling in the case pending before that court
between DAC SpA and Azienda Ospedaliera ‘Spedali Civili’ di
Brescia, third party Pellegrini SpA, on the interpretation of Arti-
cles 1(3) and 2(1) of 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 (Fourth Chamber),
composed of J.N. Cunha Rodrigues (Rapporteur), President of
the Chamber, J.-P. Puissochet and K. Lenaerts, Judges; P. Léger,
Advocate General, R. Grass, Registrar, has made an order on
29 April 2004 the operative part of which is as follows:

On a proper
construction of Article 2(1) of 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, the Member States are required to confer on
their review bodies the power to adopt, irrespective of whether or not
an action going to the substance of the case has already been brought,
all interim measures, including measures to suspend the procedure for
the award of the public procurement contract at issue.

(Preliminary ruling — Inadmissibility)

(2004/C 118/57)

(Language of the case: German)

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

In Case C-216/03: reference to the Court under Article 234 EC
from the Landesgericht für Zivilrechtssachen Wien (Austria) for
a preliminary ruling in the proceedings pending before that
court between DLD Trading Company Import-Export, spol.
s.r.o. and Republic of Austria, on, first, the validity of Council
Regulation (EC) No 3316/94 of 22 December 1994 amending
Council Regulation (EC) No 355/94 by introducing a
temporary derogation applicable to Austria with regard to
exemptions from customs duties (OJ 1994 L 350, p. 12), and
of Council Regulation (EC) No 2744/98 of 14 December 1998
amending Regulation (EC) No 355/94 and extending the
temporary derogation applicable to Germany and Austria (OJ
1994 L 345, p. 9), in the light of the ‘provisions of Community
law relating to exemptions from customs duties, in particular
Council Regulation (EEC) No 918/83 [of 28 March 1983
setting up a Community system of exemptions from customs
duty (OJ 1983 L 105, p. 1)] and the principle of the Customs
union’, and of the principles of legal certainty and the protec-
tion of legitimate expectations, and, second, the validity of
Council Directive 69/169/EEC of 28 May 1969 on the harmo-
nisation of provisions laid down by law, regulation or adminis-
trative action relating to exemption from turnover tax and
excise duty on imports in international travel (OJ 1969 L 133,
p. 6) and of ‘the national provisions transposing it’ in view of
‘the purposes of harmonising turnover tax and excise duty
within the Member States, liberalising and facilitating travel to
and from non-member countries and aligning exemptions from
tax and from customs duty in the context of travel’ – the Court
(Third Chamber), composed of A. Rosas, President of
the
Chamber, R. Schintgen (Rapporteur) and N. Colneric, Judges; J.
Kokott, Advocate General; R. Grass, Registrar, made an order
on 1 April 2004, the operative part of which is as follows:

The reference for a preliminary ruling made by the Landesgericht für
Zivilrechtssachen Wien by order of 7 April 2003 is inadmissible.

(1) OJ C 171 of 19 July 2003.

(1) OJ C 251 of 18. 10. 2003.