CELEX: C2002/191/21
Language: en
Date: 2002-08-10 00:00:00
Title: Order of the Court (Second Chamber) of 30 May 2002 in Case C-358/00 (Reference for a preliminary ruling from the Oberlandesgericht Düsseldorf): Buchhändler-Vereinigung GmbH v Saur Verlag GmbH & Co. KG, Die Deutsche Bibliothek (Article 104(3) of the Rules of Procedure — Public service contracts — Directive 92/50/EEC — Public service concession)

C 191/12                 EN                       Official Journal of the European Communities                                          10.8.2002
1.    The following are dismissed as manifestly inadmissible and/or          P.C. Gaito, lawyers — appeal against the judgment of the
      manifestly unfounded:                                                  Court of First Instance of the European Communities, Fourth
                                                                             Chamber, Extended Composition, of 15 March 2000 in Joined
      —     second ground of appeal, second to fifth parts;                  Cases T-25/95, T-36/95, T-30/95 to T-32/95, T-34/95 to
                                                                             T-39/95, T-42/95 to T-46/95, T-48/95, T-50/95 to T-65/95,
      —     third ground of appeal;                                          T-68/95 to T-71/95, T-87/95 to T-88/95 and T-103/95 to
                                                                             T-104/95 Cimenteries CBR v Commission [2000] ECR II-491,
      —     sixth ground of appeal;                                          seeking to have that judgment set aside, the other party to the
                                                                             proceedings being Commission of the European Communities
      —     eighth ground of appeal;                                         (Agents: R. Lyal, assisted by A. Dal Ferro) — the Court,
                                                                             composed of P. Jann, Presidents of the Chamber,
      —     ninth ground of appeal, first part;                              D.A.O. Edward (Rapporteur), A. La Pergola, M. Wathelet and
                                                                             A. Rosas, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
                                                                             R. Grass, Registrar, made an order on 5 June 2002, the
      —     eleventh ground of appeal, first, second, fourth and fifth
                                                                             operative part of which is as follows:
            parts;
      —     sixteenth ground of appeal;                                      1.    The fourth and fifth parts of the sixth ground of appeal are
                                                                                   dismissed as manifestly unfounded.
      —     seventeenth ground of appeal;
                                                                             2.    Costs are reserved.
      —     nineteenth ground of appeal;
      —     twentieth ground of appeal, and                                  (1) OJ C 247 of 26.8.2000.
      —     twentieth and twenty-first grounds of appeal.
2.    Costs are reserved.
(1) OJ C 247 of 26.8.2000.
                                                                                                  ORDER OF THE COURT
                                                                                                      (Second Chamber)
                     ORDER OF THE COURT                                                                 of 30 May 2002
                           (Fifth Chamber)                                   in Case C-358/00 (Reference for a preliminary ruling
                                                                             from the Oberlandesgericht Düsseldorf): Buchhändler-
                            of 5 June 2002                                   Vereinigung GmbH v Saur Verlag GmbH & Co. KG, Die
                                                                                                   Deutsche Bibliothek (1)
in Case C-219/00 P: Cementir — Cementerie del Tirreno
    SpA v Commission of the European Communities (1)                         (Article 104(3) of the Rules of Procedure — Public service
                                                                             contracts — Directive 92/50/EEC — Public service con-
(Appeals — Competition — Cement — Article 85(1) of the                                                      cession)
EC Treaty (now, Article 81(1) EC) — Appeal in part
                       manifestly unfounded)                                                            (2002/C 191/21)
                           (2002/C 191/20)
                                                                                                (Language of the case: German)
                     (Language of the case: Italian)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                             In Case C-358/00: Reference to the Court under Article 234 EC
In Case C-219/00 P: Cementir — Cementerie del Tirreno                        by the Oberlandesgericht Düsseldorf (Germany) for a prelimi-
SpA, established in Rome, represented by G.M. Roberti and                    nary ruling in the proceedings pending before that court
 ---pagebreak--- 10.8.2002                EN                       Official Journal of the European Communities                                           C 191/13
between Buchhändler-Vereinigung GmbH and Saur Verlag                         p. 1) — the Court, composed of: G.C. Rodrı́guez Iglesias,
GmbH & Co. KG, Die Deutsche Bibliothek, on the interpret-                    President, P. Jann, F. Macken, N. Colneric and S. von Bahr,
ation of Articles 1 and 8 of Council Directive 92/50/EEC of                  Presidents of Chamber, C. Gulmann (rapporteur),
18 June 1992 relating to the coordination of procedures for                  D. A. O. Edward, A. La Pergola, J.-P. Puissochet, M. Wathelet,
the award of public service contracts (OJ 1992 L 209, p. 1), as              V. Skouris, J. N. Cunha Rodrigues and C. W. A. Timmermans,
amended by European Parliament and Council Directive 97/                     Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar,
52/EC of 13 October 1997 (OJ 1997 L 328, p. 1), the Court                    has made an order on 26 April 2002, in which it has ruled:
(Second Chamber) composed of: N. Colneric, President of the
Chamber, R. Schintgen and V. Skouris (Rapporteur), Judges;
C. Stix-Hackl, Advocate General; R. Grass, Registrar, has made               The question referred by the Corte d’Appello di Milano by order of
an order on 30 May 2002, the operative part of which is as                   25 October 2000 is inadmissible.
follows:
                                                                             (1) OJ C 17, 19.1.2002.
A concession contract for public publishing services is excluded, under
Community law as it stands at present, from the scope of Council
Directive 92/50/EEC of 18 June 1992 relating to the coordination
of procedures for the award of public service contracts, as amended by
European Parliament and Council Directive 97/52/EC of 13 October
1997, even though, by reason of its specific object, it is covered by
Annex I A to that directive to which Article 8 thereof refers.
                                                                                                 ORDER OF THE COURT
(1) OJ C 355 of 9.12.2000.
                                                                                                       of 17 May 2002
                                                                             in Case C-406/01: Federal Republic of Germany v Euro-
                                                                               pean Parliament and Council of the European Union (1)
                     ORDER OF THE COURT                                      (Action for annulment — Manifest inadmissibility — Delay)
                          of 26 April 2002                                                             (2002/C 191/23)
in Case C-454/00 (reference for a preliminary ruling from                                       (Language of the case: German)
the Corte d’Appello di Milano): VIS Farmaceutici Istituto
scientifico delle Venezie SpA v Duphar International
                                                                             (Provisional translation; the definitive translation will be published
                            Research BV (1)
                                                                                                in the European Court Reports)
            (Preliminary ruling — Inadmissibility)
                           (2002/C 191/22)                                   In Case C-406/01: Federal Republic of Germany (Agents:
                                                                             W.-D. Plessing and M. Lumma, assisted by J. Sedemund) v
                                                                             European Parliament (Agents: C. Pennera and E. Waldherr) and
                     (Language of the case: Italian)                         Council of the European Union (Agents: E. Karlsson and
                                                                             J.-P. Hix) — application for annulment of Article 3(1) in
                                                                             conjunction with Article 3(2) of Directive 2001/37/EC of the
(Provisional translation; the definitive translation will be published       European Parliament and of the Council of 5 June 2001 on
                    in the European Court Reports)                           the approximation of the laws, regulations and administrative
                                                                             provisions of the Member States concerning the manufacture,
                                                                             presentation and sale of tobacco products (OJ 2001 L 194,
                                                                             p. 26), in so far as those provisions prohibit the manufacture
In Case C-454/00: reference to the Court under Article 234 EC                of cigarettes for export from the European Community to
from the Corte d’appello di Milano (Italy) for a preliminary                 non-Member States — the Court, composed of: G.C. Rodrı́guez
ruling in the proceedings pending before that court between                  Iglesias, President, P. Jann, F. Macken, N. Colneric and S. von
VIS Farmaceutici Istituto scientifico delle Venezie SpA and                  Bahr (Presidents of Chambers), C. Gulmann, D.A.O. Edward,
Duphar International Research BV, intervener: Consorzio                      A. La Pergola (Rapporteur), J.-P. Puissochet, M. Wathelet,
Produttori Principi Attivi Generici (CPA) — on the interpret-                R. Schintgen, V. Skouris, J.N. Cunha Rodrigues, C.W.A. Tim-
ation of Article 4 of Council Regulation (EEC) No 1768/92 of                 mermans and A. Rosas, Judges; C. Stix-Hackl, Advocate
18 June 1992 concerning the creation of a supplementary                      General; R. Grass, Registrar, made an order on 17 May 2002,
protection certificate for medicinal products (OJ 1992 L 182,                the operative part of which is as follows: