Judgment of the Court (Second Chamber) of 7 October 2004 in Case C-247/02 (reference for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia): Sintesi SpA v Autorità per la Vigilanza sui Lavori Pubblici (Directive 93/37/EEC — Public works contracts — Award of contracts — Right of the contracting authority to choose between the criterion of the lowest price and that of the most economically advantageous tender)
Date: 2004-12-04
Institutions: Court of Justice
Subjects: free competition, interpretation of the law, invitation to tender, public contract

C 300/8

EN

Official Journal of the European Union

4.12.2004

1. If

the

compensation of depositors prescribed by Directive
94/19/EC of the European Parliament and of the Council of 30
May 1994 on deposit-guarantee schemes is ensured, Article 3(2)
that directive cannot be interpreted as precluding a
to (5) of
national rule to the effect
the national
authority responsible for supervising credit institutions are to be
fulfilled only in the public interest, which under national
law
precludes individuals from claiming compensation for damage
resulting from defective supervision on the part of that authority.

the functions of

that

2. First Council Directive 77/780/EEC of 12 December 1977 on
the coordination of the laws, regulations and administrative provi-
sions relating to the taking up and pursuit of the business of credit
institutions, Council Directive 89/299/EEC of 17 April 1989 on
the own funds of credit institutions and Second Council Directive
89/646/EEC of 15 December 1989 on the coordination of laws,
regulations and administrative provisions relating to the taking up
and pursuit of the business of credit institutions and amending
Directive 77/780 do not preclude a national rule to the effect that
the functions of the national authority responsible for supervising
credit institutions are to be fulfilled only in the public interest,
law precludes individuals from claiming
which under national
compensation for damage resulting from defective supervision on
the part of that authority.

per la Lombardia (Italy), made by decision of 26 June 2002,
received at the Court on 8 June 2002,
in the proceedings
pending before that court between Sintesi SpA and Autorità
per la Vigilanza sui Lavori Pubblici, in the presence of: Ingg.
Provera e Carrassi SpA — the Court
(Second Chamber),
composed of: C.W.A. Timmermans, President of the Chamber,
J.-P. Puissochet, R. Schintgen (Rapporteur), F. Macken and
N. Colneric,
Judges; C. Stix-Hackl, Advocate General; M.
Múgica Azarmendi, Principal Administrator, for the Registrar,
has given a judgment on 7 October 2004,
in which it has
ruled:

Article 30(1) of Council Directive 93/37/EEC of 14 June 1993
concerning the coordination of procedures for the award of public
works contracts is to be interpreted as meaning that it precludes
national
the purpose of awarding public works
contracts following open or restricted tendering procedures, impose a
general and abstract requirement that the contracting authorities use
only the criterion of the lowest price.

rules which,

for

(1) OJ C 202 du 24.8.2002.

(1) OJ C 202 of 24.8.2002.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 7 October 2004

in Case C-247/02 (reference for a preliminary ruling from
the Tribunale amministrativo regionale per la Lombardia):
la Vigilanza sui Lavori
Sintesi SpA v Autorità per

Pubblici (1)

(Directive 93/37/EEC — Public works contracts — Award of
contracts — Right of the contracting authority to choose
between the criterion of the lowest price and that of the most
economically advantageous tender)

(2004/C 300/15)

(Language of the case: Italian)

(Second Chamber)

of 14 September 2004

in Case C-276/02: Kingdom of Spain v Commission of the
European Communities (1)

(State aid — Definition — Non-payment of taxes and social
security contributions by an undertaking — Attitude taken
by the national authorities following a declaration of suspen-
sion of payments)

(2004/C 300/16)

(Language of the case: Spanish)

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

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

In Case C-247/02: reference for a preliminary ruling under
Article 234 EC from the Tribunale amministrativo regionale

In Case C-276/02: action for annulment under Article 230 EC,
brought before the Court on 23 July 2002, between Kingdom
of Spain (Agent: S. Ortiz Vaamonde) and Commission of the
European Communities (Agents: V. Kreuschitz and J.L. Buendía
Sierra) — the Court (Second Chamber), composed of: C.W.A.
Timmermans, President of the Chamber, C. Gulmann, J.-P. Puis-
sochet
J.N. Cunha Rodrigues and F. Macken,
Judges; M. Poiares Maduro, Advocate General; R. Grass, Regis-
trar, has given a judgment on 14 September 2004, in which it:

(Rapporteur),