Judgment of the Court (Second Chamber) of 8 September 2005 in Case C-129/04 Reference for a preliminary ruling from the Conseil d'État: Espace Trianon SA, Société wallonne de location-financement SA (Sofibail) v Office communautaire et régional de la formation professionnelle et de l'emploi (FOREM) (Public procurement — Directive 89/665/EEC — Review procedures concerning the award of public contracts — Persons to whom review procedures must be available — Tender by a consortium — Prohibition against members of a consortium bringing an action individually — Meaning of ’interest in obtaining a public contract’)
Date: 2005-10-29
Institutions: Court of Justice
Subjects: association, award of contract, interpretation of the law, supplies contract, works contract

C 271/8

EN

Official Journal of the European Union

29.10.2005

Stops made by a ship in the ports of a third country during which
passengers may leave the ship, even for a short period, are 'stops in a
third territory' within the meaning of Article 8(1)(c) of Sixth Council
Directive 77/388/EEC of 17 May 1977 on the harmonisation of
the laws of the Member States relating to turnover taxes — Common
system of value added tax: uniform basis of assessment, as amended
by Council Directive 92/111/EEC of 14 December 1992 amending
Directive 77/388/EEC and introducing simplification measures with
regard to value added tax.

(1) OJ C 106 of 30. 04. 2004.

JUDGMENT OF THE COURT

(Second Chamber)

of 8 September 2005

in Case C-129/04 Reference for a preliminary ruling from
the Conseil d'État: Espace Trianon SA, Société wallonne
de location-financement SA (Sofibail) v Office communau-
taire et régional de la formation professionnelle et de l'em-
ploi (FOREM) (1)

(Public procurement — Directive 89/665/EEC — Review
procedures concerning the award of public contracts —
Persons to whom review procedures must be available —
Tender by a consortium — Prohibition against members of a
consortium bringing an action individually — Meaning of
'interest in obtaining a public contract')

(2005/C 271/14)

(Language of the case: French)

In Case C-129/04: reference for a preliminary ruling under
Article 234 EC from the Conseil d'État (Belgium), made by deci-
sion of 25 February 2004, received at the Court on 9 March
2004, in the proceedings between Espace Trianon SA, Société
wallonne de location-financement SA (Sofibail) and Office
communautaire et régional de la formation professionnelle et
de
(Second Chamber),
composed of C.W.A. Timmermans, President of the Chamber,
C. Gulmann (Rapporteur), R. Schintgen, G. Arestis and J.
Judges; C. Stix-Hackl, Advocate General; K. Sztranc,
Klučka,
Administrator,
the Registrar, gave a judgment on 8
September 2005, the operative part of which is as follows:

(FOREM) — the Court

l'emploi

for

1. Article 1 of Council Directive 89/665/EEC of 21 December
1989 on the coordination of the laws, regulations and adminis-
trative 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 is to be interpreted as not precluding national law
from providing that only the members of a consortium without
legal personality which has participated, as such, in a procedure
for the award of a public contract and has not been awarded that
contract, acting together, may bring an action against the decision
awarding the contract and not just one of its members individu-
ally.

2. The same is true if all the members of such a consortium act
together but the application of one of its members is held inadmis-
sible.

(1) OJ C 106 of 30. 04. 2005.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 8 September 2005

in Case C-278/04: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(Failure of a Member State to fulfil obligations — Directives
2001/88/EC and 2001/93/EC — Animal health — Protection
of pigs — Failure to transpose)

(2005/C 271/15)

(Language of the case: German)

In Case C-278/04 Commission of the European Commu-
nities (Agents: G. Braun and A. Bordes) v Federal Republic of
Germany (Agent: A. Tiemann) — action under Article 226 EC
for failure to fulfil obligations, brought on 29 June 2004 — the
Court (Fourth Chamber), composed of K. Lenaerts, President of
the Chamber, M. Ilešič and E. Levits (Rapporteur), Judges; M.
Poiares Maduro, Advocate General; R. Grass, Registrar, gave a
judgment on 8 September 2005, in which it: