CELEX: C2000/335/20
Language: en
Date: 2000-11-25 00:00:00
Title: Judgment of the Court of 26 September 2000 in Case C-225/98: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Public works contracts — Directives 71/305/EEC, as amended by Directive 89/440/EEC, and 93/37/EEC — Construction and maintenance of school buildings by the Nord-Pas-de-Calais Région and the Département du Nord)

25.11.2000                 EN                      Official Journal of the European Communities                                           C 335/11
1.    Declares that, by raising, on 1 July 1995 and 1 February                for the award of public works contracts (OJ, English Special
      1996, the tolls for the full itinerary on the Brenner motorway,         Edition 1971 (II), p. 682), as amended by Council Directive
      a transit route through Austria used predominantly by goods             89/440/EEC of 18 July 1989 (OJ 1989 L 210, p. 1), in
      vehicles of a maximum permissible gross laden weight of not             particular under Articles 12, 26 and 29 thereof, and under
      less than 12 tonnes registered in other Member States, but not          Council Directive 93/37/EEC of 14 June 1993 concerning the
      for partial itineraries on that motorway, the great majority of         coordination of procedures for the award of public works
      the users of which are vehicles of a maximum permissible gross          contracts (OJ 1993 L 199, p. 54), in particular under Articles
      laden weight of not less than 12 tonnes used for the same type          8, 11, 22 and 30 thereof — the Court, composed of:
      of transport and registered in Austria, and, second, by not             G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida,
      applying the abovementioned tolls only in order to cover the            D.A.O. Edward, L. Sevón and R. Schintgen (Presidents of
      costs linked with the construction, operation and development           Chambers), J.-P. Puissochet, P. Jann, H. Ragnemalm and
      of the Brenner motorway, the Republic of Austria has failed to          V. Skouris (Rapporteur), Judges; S. Alber, Advocate General;
      fulfil its obligations under, respectively, Article 7(b) and Article    D. Louterman-Hubeau, Principal Administrator, for the Regis-
      7(h) of Council Directive 93/89/EEC on the application by               trar, has given a judgment on 26 September 2000, in which it:
      Member States of taxes on certain vehicles used for the carriage
      of goods by road and tolls and charges for the use of certain           1.    Declares that, in the course of the various procedures for the
      infrastructures;                                                              award of public works contracts for the construction and
                                                                                    maintenance of school buildings conducted by the Nord-Pas-
2.    Orders the Republic of Austria to pay the costs.                              de-Calais Région and the Département du Nord over a period
                                                                                    of three years, the French Republic has failed to fulfil its
                                                                                    obligations under Article 59 of the EC Treaty (now, after
(1) OJ C 234 of 25.7.1998.                                                          amendment, Article 49 EC) as well as under Articles 12(5),
                                                                                    26 and 29(2) of Council Directive 71/305/EEC of 26 July
                                                                                    1971 concerning the coordination of procedures for the award
                                                                                    of public works contracts, as amended by Council Directive
                                                                                    89/440/EEC of 18 July 1989, and under Articles 8(3),
                                                                                    11(5), 22(2) and 30(2) of Council Directive 93/37/EEC of
                                                                                    14 June 1993 concerning the coordination of procedures for
                                                                                    the award of public works contracts;
                   JUDGMENT OF THE COURT                                      2.    Dismisses the application as to the remainder;
                          of 26 September 2000                                3.    Orders the French Republic and the Commission of the
                                                                                    European Communities to bear their own costs.
in Case C-225/98: Commission of the European Communi-
                        ties v French Republic (1)                            (1) OJ C 258 of 15.8.1998.
(Failure of a Member State to fulfil its obligations — Public
works contracts — Directives 71/305/EEC, as amended by
Directive 89/440/EEC, and 93/37/EEC — Construction and
maintenance of school buildings by the Nord-Pas-de-Calais                                      JUDGMENT OF THE COURT
               Région and the Département du Nord)
                                                                                                        (Fifth Chamber)
                             (2000/C 335/20)
                                                                                                    of 26 September 2000
                       (Language of the case: French)                         in Case C-322/98 (reference for a preliminary ruling from
                                                                              Landesarbeitsgericht Hamburg): Bärbel Kachelmann v
                                                                                             Bankhaus Hermann Lampe KG (1)
(Provisional translation; the definitive translation will be published
                                                                              (Social policy — Male and female workers — Access to
                      in the European Court Reports)
                                                                              employment and working conditions — Equal treatment —
                                                                                              Conditions governing dismissal)
In Case C-225/98: Commission of the European Communities
(Agent: M. Nolin) v French Republic (Agents: K. Rispal-                                                 (2000/C 335/21)
Bellanger and A. Viéville-Bréville) application for a declaration
that, in the course of the various procedures for the award of
                                                                                                 (Language of the case: German)
public works contracts for the construction and maintenance
of school buildings conducted by the Nord-Pas-de-Calais
Région and the Département du Nord over a period of three                     (Provisional translation; the definitive translation will be published
years, the French Republic has failed to fulfil its obligations                                  in the European Court Reports)
under Article 59 of the EC Treaty (now, after amendment,
Article 49 EC) as well as under Council Directive 71/305/EEC                  In Case C-322/98: reference to the Court under Article 177 of
of 26 July 1971 concerning the coordination of procedures                     the EC Treaty (now Article 234 EC) by the Audiencia Provincial