CELEX: C1998/055/22
Language: en
Date: 1998-02-20 00:00:00
Title: JUDGMENT OF THE COURT (Third Chamber) of 18 December 1997 in Case C-5/97 (reference for a preliminary ruling from the Raad van State, Belgium): Ballast Nedam Groep NV v. Belgian State (Freedom to provide services - Public-works contracts - Registration of contractors - Entity to be taken into account)

C 55/12              EN                    Official Journal of the European Communities                                      20.2.98
              JUDGMENT OF THE COURT                                   State), Belgium, for a preliminary ruling in the proceedings
                        (First Chamber)                               pending before that court between Ballast Nedam Groep
                                                                      NV and Belgian State Ð on the interpretation of the
                    of 18 December 1997                               judgment of the Court of 14 April 1994 in Case C-389/92
in Case C-309/96 (reference for a preliminary ruling from             Ballast Nedam Groep [1994] ECR I-1289 Ð the Court
the Pretura Circondariale di Roma, Sezione Distaccata di              (Third Chamber), composed of: J. C. Moitinho de
Tivoli): Daniele Annibaldi v. Sindaco del Comune di                   Almeida, acting for the President of the Chamber, J.-P.
           Guidonia, Presidente Regione Lazio (1)                     Puissochet (Rapporteur) and L. Sevón, Judges; A. La
                                                                      Pergola, Advocate-General; R. Grass, Registrar, has given
(Agriculture Ð Nature and archaeological park Ð                       a judgment on 18 December 1997, in which it has ruled:
Economic activity Ð Protection of fundamental rights Ð
              Lack of jurisdiction of the Court)
                          (98/C 55/21)                                Council Directive 71/304/EEC of 26 July 1971 concerning
                                                                      the abolition of restrictions on freedom to provide services
                (Language of the case: Italian)                       in respect of public works contracts and on the award of
                                                                      public works contracts to contractors acting through
                                                                      agencies or branches and Council Directive 71/305/EEC
  (Provisional translation; the definitive translation will be
                                                                      of 26 July 1971 concerning the coordination of procedures
         published in the European Court Reports)
                                                                      for the award of public works contracts are to be
                                                                      interpreted as meaning that the authority competent to
In Case C-309/96: reference to the Court under Article 177            decide on an application for registration submitted by a
of the EC Treaty from the Pretura Circondariale di Roma,              dominant legal person of a group is under an obligation,
Sezione Distaccata di Tivoli (Rome District Magistrates'              where it is established that that person actually has
Court, Tivoli Division), for a preliminary ruling in the              available to it the resources of the companies belonging to
proceedings pending before that court between Daniele                 the group that are necessary to carry out the contracts, to
Annibaldi and Sindaco del Comune di Guidonia,                         take account of the references of those companies in
Presidente Regione Lazio Ð on the interpretation of                   assessing the suitability of the legal person concerned, in
Article 40(3) of the EC Treaty and of the general                     accordance with the criteria mentioned in Articles 23 to
principles of Community law Ð the Court (First                        28 of Directive 71/305/EEC.
Chamber), composed of: D. A. O. Edward (Rapporteur),
acting for the President of the First Chamber, P. Jann and
L. Sevón, Judges; G. Cosmas, Advocate-General; R. Grass,              (1) OJ C 74, 8.3.1997.
Registrar, has given a judgment on 18 December 1997, in
which it has ruled:
The Court has no jurisdiction to answer the questions
referred by the Pretura Circondariale di Roma.
(1) OJ C 336, 9.11.1996.                                                             JUDGMENT OF THE COURT
                                                                                             (Second Chamber)
                                                                                           of 15 January 1998
                                                                      in Case C-37/95 (reference for a preliminary ruling from
                                                                      the Belgian Hof van Cassatie): Belgian State v. Ghent Coal
              JUDGMENT OF THE COURT                                                           Terminal NV (1)
                       (Third Chamber)
                                                                      (Value added tax Ð Sixth VAT Directive Ð Article 17 Ð
                    of 18 December 1997                                      Right to deduct Ð Adjustment of deductions)
in Case C-5/97 (reference for a preliminary ruling from
                                                                                                (98/C 55/23)
the Raad van State, Belgium): Ballast Nedam Groep NV
                      v. Belgian State (1)
(Freedom to provide services Ð Public-works contracts Ð                               (Language of the case: Dutch)
Registration of contractors Ð Entity to be taken into
                            account)
                          (98/C 55/22)
                                                                        (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
                (Language of the case: Dutch)
  (Provisional translation; the definitive translation will be        In Case C-37/95: reference to the Court under Article 177
         published in the European Court Reports)                     of the EC Treaty from the Belgian Hof van Cassatie
                                                                      (Court of Cassation), for a preliminary ruling in the
In Case C-5/97: reference to the Court under Article 177              proceedings pending before that court between Belgian
of the EC Treaty from the Raad van State (Council of                  State and Ghent Coal Terminal NV Ð on the