Case C-492/06: Order of the Court (Sixth Chamber) of 4 October 2007 (reference for a preliminary ruling from the Consiglio di Stato (Italy)) — Consorzio Elisoccorso San Raffaele v Elilombarda Srl, Azienda Ospedaliera Ospedale Niguarda Ca' Granda di Milano (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 — Right of each member of a consortium to bring an action individually)
Date: 2007-12-08
Institutions: Court of Justice
Subjects: appeals by private individuals, award of contract, inter-company cooperation, interpretation of the law, right of action, works contract

C 297/20

EN

Official Journal of the European Union

8.12.2007

Re:

Appeal against the order of the Court of First Instance (Fourth
Chamber) of 5 September 2006 in Case T-242/05 AEPI v
Commission — Inadmissibility of an application for annulment
of a decision of the Commission not to initiate proceedings
against the Hellenic Republic for a declaration of failure to fulfil
obligations

Operative part of the order

1. The appeal is dismissed.

2. AEPI Elliniki Etaireia pros Prostasian tis Pnevmatikis Idioktisias

AE shall pay the costs.

(1) OJ C 356 of 30.12.2006.

and administrative provisions relating to the application of
review procedures to the award of public supply and public
works contracts (OJ 1989 L 395, p. 33) — National case-law
recognising that an individual member of a tendering consor-
tium has the right
to bring an action against the decision
awarding the contract

Operative part of the order

Article 1 of Council Directive 89/665/EEC of 21 December 1989 on
the coordination 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 Council Directive
92/50/EEC of 18 June 1992 is to be interpreted as not precluding
the possibility, under national
for an individual member of a
law,
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 to bring an action against the decision awarding
that contract.

(1) OJ C 20, 27.1.2007.

Order of the Court (Sixth Chamber) of 4 October 2007
(reference for a preliminary ruling from the Consiglio di
Stato (Italy)) — Consorzio Elisoccorso San Raffaele v
Elilombarda Srl, Azienda Ospedaliera Ospedale Niguarda
Ca' Granda di Milano

(Case C-492/06) (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 — Right of each member of a consor-
tium to bring an action individually)

(2007/C 297/33)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties

Reference for a preliminary ruling from Court of Appeal
(Civil Division) (England and Wales) made on 13 September
2007 — Meletis Apostolides v David Charles Orams, Linda
Elizabeth Orams

(Case C-420/07)

(2007/C 297/34)

Language of the case: English

Referring court

Court of Appeal (Civil Division) (England and Wales)

Parties to the main proceedings

Applicant: Meletis Apostolides

Applicant: Consorzio Elisoccorso San Raffaele

Defendants: David Charles Orams, Linda Elizabeth Orams

Defendants: Elilombarda Srl, Azienda Ospedaliera Ospedale
Niguarda Ca' Granda di Milano

Re:

Questions referred

1. In this question,

Reference for a preliminary ruling — Consiglio di Stato — Inter-
pretation of Article 1 of Council Directive 89/665/EEC of
21 December 1989 on the coordination of the laws, regulations

— the term ‘the Government-controlled area’ refers to the
area of the Republic of Cyprus over which the Govern-
ment of
the Republic of Cyprus exercises effective
control; and