Case C-615/10: Judgment of the Court (Fourth Chamber) of 7 June 2012 (reference for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Proceedings brought by Insinööritoimisto InsTiimi Oy (Directive 2004/18/EC — Public contracts in the field of defence — Article 10 — Article 296(1)(b) EC — Protection of a Member State’s essential security interests — Trade in arms, munitions and war material — Product procured by a contracting authority specifically for military purposes — Existence, as regards that product, of a potential and largely identical civilian application — Tiltable turntable for carrying out electromagnetic measurements — Contract not put out to tender in accordance with the procedures provided for by Directive 2004/18)
Date: 2012-06-07
Institutions: Court of Justice
Subjects: EU Member State, administrative competition, administrative contract, arms trade, award of contract, defence policy, electro-magnetic equipment, firearms and munitions, public safety








C_2012217EN.01000301.xml










21.7.2012   


EN


Official Journal of the European Union


C 217/3





Judgment of the Court (Fourth Chamber) of 7 June 2012 (reference for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Proceedings brought by Insinööritoimisto InsTiimi Oy
(Case C-615/10) (1)

(Directive 2004/18/EC - Public contracts in the field of defence - Article 10 - Article 296(1)(b) EC - Protection of a Member State’s essential security interests - Trade in arms, munitions and war material - Product procured by a contracting authority specifically for military purposes - Existence, as regards that product, of a potential and largely identical civilian application - Tiltable turntable for carrying out electromagnetic measurements - Contract not put out to tender in accordance with the procedures provided for by Directive 2004/18)
2012/C 217/04
Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings

Insinööritoimisto InsTiimi Oy,
party heard in the matter: Puolustusvoimat

Re:

Reference for a preliminary ruling — Korkein hallinto-oikeus — Interpretation of Article 10 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114) and Article 346 TFEU — List of arms, munitions and war material adopted by Decision No 255/58 of the Council of 15 April 1958 — Scope of the directive — Material intended primarily for military use — Turntable equipment for electromagnetic measurements

Operative part of the judgment

Article 10 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, read in conjunction with Article 296(1)(b) EC, must be interpreted as authorising a Member State to set aside the procedures laid down by that directive in the case of a public contract awarded by a contracting authority in the field of defence for the acquisition of material which, although intended for specifically military purposes, also presents possibilities for essentially identical civilian applications only if that material, by virtue of its intrinsic characteristics, may be regarded as having been specially designed and developed, also as a result of substantial modifications, for such purposes, this being a matter for the referring court to determine.


(1)  OJ C 72, 5.3.2011.