Judgment of the Court (First Chamber) of  13 October 2005  in Case C-458/03: Reference for a preliminary ruling from the Verwaltungsgericht, Autonome Sektion für die Provinz Bozen, Parking Brixen GmbH v Gemeinde Brixen, Stadtwerke Brixen AG (Public procurement — Procedures for the award of public contracts — Service concession — Management of public pay car parks)
Date: 2005-11-26
Institutions: Court of Justice
Subjects: interpretation of the law, parking area, provision of services, public contract

C 296/4

EN

Official Journal of the European Union

26.11.2005

— that method is applicable to in-house services whose market
value may be established even if, in the same tax period, the
value of certain in-house components of the package cannot be
established inasmuch as the taxable person does not sell
similar services on a non-package basis.

3. It is for the national tribunal to establish,

in the light of the
circumstances of the main proceedings, the market value of the
flights supplied in the main proceedings as part of package holi-
days. The national tribunal may establish this market value from
average values. In this context, the market based on seats sold to
other tour operators may constitute the most appropriate market.

2. Articles 43 EC and 49 EC, and the principles of equal treatment,
non-discrimination and transparency, are to be interpreted as
precluding a public authority from awarding, without putting it
out to tender, a public service concession to a company limited by
shares which resulted from the conversion of a special undertaking
of
that public authority, whose objects have been extended to
significant new areas, whose capital must obligatorily be opened in
the short term to other capital, the geographical area of whose
activities has been extended to the entire country and abroad, and
whose Administrative Board possesses very broad management
powers which it can exercise independently.

(1) OJ C 213 of 06.09.2003.

(1) OJ C 7 of 10.01.2004.

JUDGMENT OF THE COURT

(First Chamber)

of 13 October 2005

in Case C-458/03: Reference for a preliminary ruling from
the Verwaltungsgericht, Autonome Sektion für die
Provinz Bozen, Parking Brixen GmbH v Gemeinde Brixen,
Stadtwerke Brixen AG (1)

(Public procurement — Procedures for the award of public
contracts — Service concession — Management of public pay
car parks)

(2005/C 296/07)

(Language of the case: German)

In Case C-458/03: Reference for a preliminary ruling under
Article 234 EC from the Verwaltungsgericht, Autonome
Sektion für die Provinz Bozen (Italy), made by decision of
23 July 2003, received at the Court on 30 October 2003, in
the proceedings between Parking Brixen GmbH and Gemeinde
Brixen and Stadtwerke Brixen AG — the Court (First Chamber),
composed of P. Jann, President of the Chamber, K. Schiemann,
K. Lenaerts, J.N. Cunha Rodrigues (Rapporteur) and E. Juhász,
J. Kokott, Advocate General; M.-F. Contet, Principal
Judges;
Administrator,
for the Registrar, gave a judgment on 13
October 2005, the operative part of which is as follows:

1. The award, by a public authority to a service provider, of the
management of a public pay car park, in consideration for which
that provider is remunerated by sums paid by third parties for the
is a public service concession to which
use of
Council Directive 92/50/EEC of 18 June 1992 relating to the
coordination of procedures for the award of public service contracts
does not apply.

that car park,

JUDGMENT OF THE COURT

(Fifth Chamber)

of 6 October 2005

in Case C-502/03: Commission of the European Commu-
nities v Hellenic Republic (1)

(Failure of a Member State to fulfil obligations — Environ-
ment — Management of waste — Directive 75/442/EEC, as
amended by Directive 91/156/EEC — Articles 4, 8 and 9)

(2005/C 296/08)

(Language of the case: Greek)

In Case C-502/03 Commission of the European Commu-
nities (Agent: M. Konstantinidis) v Hellenic Republic (Agent:
E. Skandalou) — action under Article 226 EC for failure to
fulfil obligations, brought on 26 November 2003 — the Court
(Fifth Chamber), composed of R. Silva de Lapuerta, President of
the Chamber, R. Schintgen and J. Klučka (Rapporteur), Judges;
L. A. Geelhoed, Advocate General; R. Grass, Registrar, gave a
judgment on 6 October 2005, in which it:

1. Declares that, by failing to take all the measures necessary to
ensure compliance with Articles 4, 8 and 9 of Council Directive
75/442/EEC of 15 July 1975 on waste, as amended by Council
Directive 91/156/EEC of 18 March 1991, the Hellenic Republic
has failed to fulfil its obligations under that directive;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 47, 21.02.2004