Case C-526/11: Judgment of the Court (Fifth Chamber) of 12 September 2013 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — IVD GmbH & Co. KG v Ärztekammer Westfalen-Lippe (Public procurement — Directive 2004/18/EC — Article 1(9), second subparagraph, point (c) — Concept of ‘body governed by public law’ — Condition relating to the financing of the activity, or to management supervision, or to supervision of the activity by the State, by regional or local authorities or other bodies governed by public law — Association of medical practitioners — Financing provided for by law by means of contributions paid by the members of that association — Amount of the contributions fixed by the assembly of that association — Independence of that association in determining the scope and the rules for the performance of its statutory duties)
Date: 2013-09-12
Institutions: Court of Justice
Subjects: Germany, administrative contract, health care profession, interpretation of the law, professional society, public financing, public institution








C_2013325EN.01000401.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/4





Judgment of the Court (Fifth Chamber) of 12 September 2013 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — IVD GmbH & Co. KG v Ärztekammer Westfalen-Lippe
(Case C-526/11) (1)

(Public procurement - Directive 2004/18/EC - Article 1(9), second subparagraph, point (c) - Concept of ‘body governed by public law’ - Condition relating to the financing of the activity, or to management supervision, or to supervision of the activity by the State, by regional or local authorities or other bodies governed by public law - Association of medical practitioners - Financing provided for by law by means of contributions paid by the members of that association - Amount of the contributions fixed by the assembly of that association - Independence of that association in determining the scope and the rules for the performance of its statutory duties)
2013/C 325/05
Language of the case: German

Referring court

Oberlandesgericht Düsseldorf

Parties to the main proceedings


Applicant: IVD GmbH & Co. KG

Defendant: Ärztekammer Westfalen-Lippe

intervening party: WWF Druck + Medien GmbH

Re:

Request for a preliminary ruling — Oberlandesgericht Düsseldorf — Interpretation of the second paragraph of Article 1(9)(c) 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 2002 L 134, p. 114) — Concept of ‘public authorities’ — Conditions of being financed, for the most part, by the State and subject to management supervision by the State — Professional association, which has the right by law to raise contributions from its members, the amount and use of those contributions having to be set by regulations requiring State approval

Operative part of the judgment

On a proper construction of point (c) of the second subparagraph of Article 1(9) 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, a body such as a professional association governed by public law satisfies neither the criterion relating to financing for the most part by the public authorities when that body is financed for the most part by contributions paid by its members, in respect of which it is authorised by law to fix and collect the amount, if that law does not determine the scope of, and procedures for, the actions undertaken by that body in the performance of its statutory tasks, which those contributions are intended to finance, nor the criterion relating to management supervision by the public authorities simply because the decision by which that body sets the amount of those contributions must be approved by a supervisory authority.


(1)  OJ C 25, 28.1.2012.