Case C-295/05: Judgment of the Court (Second Chamber) of 19 April 2007 (Reference for a preliminary ruling from the Tribunal Supremo, Spain) — Asociación Nacional de Empresas Forestales (ASEMFO) v Transformación Agraria SA, Administración del Estado (Reference for a preliminary ruling — Admissibility — Article 86(1) EC — No independent effect — Factors permitting material which enables the Court to give a useful answer to the questions referred — Directives 92/50/EEC, 93/36/EEC and 93/37/EEC — National legislation enabling a public undertaking to perform operations on the direct instructions of the public authorities without being subject to the general rules for the award of public procurement contracts — Internal management structure — Conditions — The public authority must exercise over a distinct entity a control similar to that which it exercises over its own departments — The distinct entity must carry out the essential part of its activities with the public authority or authorities which control it)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: award of contract, competition law, interpretation of the law, legal status, organisation, public works

C 96/10

EN

Official Journal of the European Union

28.4.2007

Judgment of the Court (Second Chamber) of 19 April 2007
(Reference for a preliminary ruling from the Tribunal
Supremo, Spain) — Asociación Nacional de Empresas
(ASEMFO) v Transformación Agraria SA,
Forestales

Administración del Estado

(Case C-295/05) (1)

Tragsa, which enables it, as a public undertaking acting as an instru-
ment and technical service of several public authorities,
to execute
operations without being subject to the regime laid down by those
directives, since, first, the public authorities concerned exercise over that
undertaking a control similar to that which they exercise over their
own departments, and, second, such an undertaking carries out the
essential part of its activities with those same authorities.

(Reference for a preliminary ruling — Admissibility —
Article 86(1) EC — No independent effect — Factors permit-
ting material which enables the Court to give a useful answer
to the questions referred — Directives 92/50/EEC, 93/36/EEC
and 93/37/EEC — National
legislation enabling a public
undertaking to perform operations on the direct instructions
of the public authorities without being subject to the general
rules for
the award of public procurement contracts —
Internal management structure — Conditions — The public
authority must exercise over a distinct entity a control similar
to that which it exercises over its own departments — The
distinct entity must carry out the essential part of its activities
with the public authority or authorities which control it)

(2007/C 96/15)

Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings

(1) OJ C 257, 15.10.2005.

Judgment of the Court (First Chamber) of 19 April 2007
(reference for a preliminary ruling from the High Court of
Ireland — Ireland) — Elaine Farrell v Alan Whitty, Minister
for the Environment, Ireland, Attorney General, Motor
Insurers' Bureau of Ireland (MIBI)

(Case C-356/05) (1)

(Compulsory insurance for civil liability in respect of motor
vehicles — Directives
and
90/232/EEC — Injuries to the passengers of a vehicle — Part
of a vehicle not adapted for the carriage of seated passengers)

72/166/EEC,

84/5/EEC

(2007/C 96/16)

Language of the case: English

Applicant: Asociación Nacional
(ASEMFO)

de

Empresas

Forestales

Referring court

Defendants: Transformación Agraria SA, Administración del
Estado

High Court of Ireland

Re:

Reference for a preliminary ruling — Tribunal Supremo —
Interpretation of Article 86(1) EC and Directives 93/36/EEC,
93/37/EEC, 97/52/EC, 2001/78/EC and 2004/18/EC coordi-
nating procedures for the award of public supply, works, and
service contracts — Compatibility of a national law granting to
a public undertaking a legal regime which allows it to execute
public works outside the procedures provided for the award of
public contracts

Operative part of the judgment

for

Council Directives 92/50/EEC of 18 June 1992 relating to the coordi-
nation of procedures
contracts,
93/36/EEC of 14 June 1993 coordinating procedures for the award
of public
supply contracts and 93/37/EEC of 14 June 1993
concerning the coordination of procedures for the award of public works
contracts do not preclude a body of rules such as that governing

the award of public

service

Parties to the main proceedings

Applicant: Elaine Farrell

Defendants: Alan Whitty, Minister for the Environment, Ireland,
Attorney General, and Motor Insurers' Bureau of Ireland (MIBI)

Re:

Preliminary ruling — High Court of Ireland — Interpretation of
Article 1 of Third Council Directive 90/232/EEC of 14 May
1990 on the approximation of the laws of the Member States
relating to insurance against civil liability in respect of the use
of motor vehicles (OJ 1990 L 129, p. 33) — Persons travelling
as passengers in a part of a vehicle which is not intended for the
carriage of passengers and is not equipped with seating for that
purpose — National
legislation which does not make such
persons subject to compulsory insurance in the event of an acci-
dent