Case C-194/07: Reference for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 4 April 2007 — SAVA e C. S.r.l., SIEME S.r.l. and GRADED S.p.A. v Mostra d'Oltremare S.p.A. and Others
Date: 2007-06-23
Institutions: Court of Justice
Subjects: appeal, award of contract, interpretation of the law, supplies contract, works contract

23.6.2007

EN

Official Journal of the European Union

C 140/13

4. Such a general and preventive abandonment of any means of
VAT verification is likely seriously to distort the proper func-
tioning of the common VAT system. In particular, it would
undermine the principle of fiscal neutrality, which precludes
the different VAT treatment of traders effecting the same
transactions. Any exception to the rule that VAT should be
levied and collected effectively would result, on the one
hand, in inflicting serious damage to the detriment of both
Italian undertakings and those in other Member States which
are subject to ordinary value added tax rules and, on the
other hand, in seriously undermining the principle of ‘fair
competition’ within the common market, set out
in the
fourth recital in the Sixth Directive.

(1) OJ L 347 of 13.6.1977, p. 1.
(2) OJ L 145 of 11.12.2006, p. 1.

Council Directive 92/50/EEC (2) of 18 June 1992 relating to the
coordination of procedures for the award of public service
contracts, to be interpreted as precluding the possibility under
national law for an individual member of that consortium to
bring an action against the decision awarding the contract?

(1) OJ L 395, p. 33.
(2) OJ L 209, p. 1.

Appeal brought on 16 April 2007 by C.A.S. SpA against
the judgment delivered on 6 February 2007 in Case
the European
T-23/03 C.A.S. SpA v Commission of

Reference for a preliminary ruling from the Consiglio di
Stato (Italy) lodged on 4 April 2007 — SAVA e C. S.r.l.,
SIEME S.r.l. and GRADED S.p.A. v Mostra d'Oltremare S.p.
A. and Others

(Case C-194/07)

(2007/C 140/21)

Parties

Communities

(Case C-204/07 P)

(2007/C 140/22)

Language of the case: German

Language of the case: Italian

Appellant: C.A.S. SpA (represented by D. Ehle, Rechtsanwalt)

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicants: Sava e C. s.r.l., Sieme s.r.l. and Graded S.p.A.

Defendants: Mostra d'Oltremare S.p.A. and Others

Question referred

Other party to the proceedings: Commission of
Communities

the European

Form of order sought

— set aside the judgment of the Court of First Instance of 6

February 2007 (1) in Case T-23/03;

— grant the form of order sought at first instance; in the alter-
native, refer the case back to the Court of First Instance for
a decision on the substance;

— allow the applications for measures of organisation of proce-
dure made by the appellant by documents of 28 January
2003, 4 August 2003 and 11 August 2003;

— order the defendant to pay the costs of the proceedings at

first instance.

Where a consortium without legal personality has participated
as such in a procedure for the award of a public contract and
has not been awarded that contract,
is Article 1 of Council
Directive 89/665/EEC (1) of 21 December 1989 on the coordi-
nation 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

Pleas in law and main arguments

supports

The appellant
its appeal on the following nine
grounds, on the basis of which it regards the contested judg-
ment as erroneous: