CELEX: C1998/209/38
Language: en
Date: 1998-07-04 00:00:00
Title: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale per Emilia-Romagna, Parma Division, by order of that court of 10 March 1998 in the case of Teckal Srl against Municipality of Viano (Reggio Emilia) and AGAC - Azienda Gas-Acqua Consorziale di Reggio Emilia (Case C-107/98)

C 209/20              EN                 Official Journal of the European Communities                                     4.7.98
Reference for a preliminary ruling by the Tribunale                      companies for the management of local public
Amministrativo Regionale per Emilia-Romagna, Parma                       services, within the meaning of 4(6) of Law No 95 of
Division, by order of that court of 10 March 1998 in the                 29 March 1995 (converting into law, with
case of Teckal Srl against Municipality of Viano (Reggio                 amendments, Decree-Law No 26 of 31 January
Emilia) and AGAC Ð Azienda Gas-Acqua Consorziale di                      1995), even where that participation purports to be
                        Reggio Emilia                                    for the purpose of promoting employment or the re-
                       (Case C-107/98)                                   employment of workers' already assigned to the
                                                                         service the management of which is at issue, having
                        (98/C 209/38)                                    regard to Article 5 of Law No 184 of 22 March 1971
                                                                         establishing GEPI SpA, which gives GEPI the same
Reference has been made to the Court of Justice of the                   task of contributing to the maintenance and growth
European Communities by an order of the Parma Division                   of employment levels facing temporary difficulties,
of the Tribunale Amministrativo Regionale per Emilia-                    such as to demonstrate the specific possibility of
Romagna (Regional Administrative Court for Emilia-                       reorganising the undertakings concerned', in the
Romagna) of 10 March 1998, which was received at the                     manner set out therein;
Court Registry on 14 April 1998, for a preliminary ruling
in the case of Teckal Srl against Municipality of Viano             (b) whether, on the basis of the abovementioned
(Reggio Emilia) and AGAC Ð Azienda Gas-Aqua                              legislation governing GEPI SpA (later Italinvest SpA)
Consorziale di Reggio Emilia, on the following question:                 there may be applicable to this case the derogation
                                                                         provided for in Article 90(2) of the Treaty according
Whether the award by a Municipality of the contract for                  to which undertakings entrusted with the operation
the management of the heating installations of certain                   of services of general economic interest . . . shall be
municipal buildings to a consortium of municipalities                    subject to the rules contained in this Treaty, in
constitutes a case of direct award of contract of the kind               particular to the rules on competition, in so far as the
referred to in Article 6 of Council Directive 92/50/EEC (1)              application of those rules does not obstruct the
and whether the legislative provisions and regulations                   performance in law or in fact, of the particular tasks
which provide for that award of contract are compatible                  assigned to them'.
with the provisions of the Treaty.
(1) OJ L 209, 24.7.1992, p. 1.
                                                                    References for preliminary rulings by the Tribunal
                                                                    Económico-Administrativo Regional de CatalunÄa by
                                                                    orders of that court of 19 December 1997 in Cases
                                                                    C-110/98 to C-115/98, C-117/98, C-120/98 and C-125/
Reference for a preliminary ruling by the Tribunale                 98 to C-146/98, of 30 January 1998 in Cases C-121/98 to
Amministrativo Regionale della Campania (Naples) by                 C-124/98 and C-147/98 and of 25 February 1998 in
order of that court of 19 November/11 December 1997 in              Cases C-116/98, C-118/98 to C-119/98, Gabalfrisa S.A.
the case of RI.SAN Srl against Municipality of Ischia and           and Others v. Administración Estatal de la Agencia
GEPI SpA Ð now called Italia Investimenti SpA (Italinvest                               Tributaria (A.E.A.T.)
                               SpA)
                                                                                   (Cases C-110/98 to C-147/98)
                       (Case C-108/98)
                                                                                            (98/C 209/40)
                        (98/C 209/39)
                                                                    References have been made to the Court of Justice of the
Reference has been made to the Court of Justice of the              European Communities by orders (all received at the
European Communities by an order of the Tribunale                   Court Registry on 14 April 1998) of the Tribunal
Amministrativo Regionale della Campagna (Regional                   Económico-Administrativo        Regional    de     CatalunÄa
Administrative Court for la Campania) (Naples), of                  (Regional Economic and Administrative Court, Catalonia)
19 November/11 December 1997, which was received at                 of 19 December 1997, for a preliminary ruling in the cases
the Court Registry on 9 April 1998, for a preliminary               of (C-110/98) Gabalfrisa S.A. (Rec. 08/19095/95), (C-111/
ruling in the case of RI.SAN Srl against Municipality of            98) Marcelino Martín Almeida (Rec. 08/6419/96), (C-112/
Ischia and GEPI SpA Ð now called Italia Investimenti                98) Tarragona 161, S.A. (Rec. 08/6187/96), (C-113/98)
SpA (Italinvest SpA), on the following questions:                   Nova Ametlla, S.L. (Rec. 95/97), (C-114/98) Habitats del
                                                                    Golf, S.A. (Rec. 08/1344/97), (C-115/98) Habitats del
(a) whether the provisions of Article 55 of the Treaty              Golf, S.A. (Rec. 08/1345/97), (C-117/98) Pascual García
     (which is applicable inter alia to the services sector         García (Rec. 08/11067/96), (C-120/98) Gran Vía
     by virtue of the reference in Article 66 of the Treaty),       Zaragoza, S.A. (Rec. ac. 08/11917 and 08/3564/97),
     pursuant to which the provisions of this Chapter              (C-125/98) PlaÂcida JimeÂnez, S.L. (Rec. 08/10022/96),
     shall not apply, so far as any given Member State is           (C-126/98) HidroeleÂctrica de Rueda, S.L. (Rec. ac. 08/
     concerned, to activities which in that State are               9778/96 and 08/10347/96), (C-127/98) Arus Vilasar, S.L.
     connected, even occasionally, with the exercise of             (Rec. ac. 08/8539/96 and 08/10684/96), (C-128/98)
     official authority', must be interpreted so widely as to       Crisbachs Coloma, S.L. (Rec. 08/6417/96), (C-129/98)
     include the activities of GEPI SpA (later Italinvest           Minulis-2, C.B. (Rec. ac. 08/3923/96 and 08/5553/96),
     SpA) as a participant in local authorities' mixed              (C-130/98) Agrupación EnergeÂtica Hospital General de