CELEX: C2002/084/11
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 27 November 2001 in Case C-270/99 P: Z v European Parliament (Appeal — Officials — Disciplinary proceedings — Failure to comply with the time-limits laid down in Article 7 of Annex IX to the Staff Regulations of Officials of the European Communities)

C 84/6                    EN                     Official Journal of the European Communities                                           6.4.2002
a)    A benefit such as the advance on maintenance payments                 for a preliminary ruling in the proceedings pending before
      provided for by the Österreichische Bundesgesetz über die            that court between Carl Kühne GmbH & Co. KG, Rich.
      Gewährung von Vorschüssen auf den Unterhalt von Kindern               Hengstenberg GmbH & Co., Ernst Nowka GmbH & Co. KG
      (Unterhaltsvorschussgesetz) (Austrian Federal Law on the Grant        and Jütro Konservenfabrik GmbH & Co. KG — on the validity
      of Advances for the Maintenance of Children), adopted in              of Commission Regulation (EC) No 590/1999 of 18 March
      1985, is a family benefit within the meaning of Article 4(1)(h)       1999 supplementing the Annex to Regulation (EC)
      of Council Regulation (EEC) No 1408/71 of 14 June 1971                No 1107/96 on the registration of geographical indications
      on the application of social security schemes to employed             and designations of origin under the procedure laid down in
      persons, to self-employed persons and to members of their             Article 17 of Regulation (EEC) No 2081/92 (OJ 1999 L 74,
      families moving within the Community, as amended and                  p. 8) — the Court (Sixth Chamber), composed of: N. Colneric,
      updated by Council Regulation (EC) No 118/97 of 2 December            President of the Second Chamber, acting for the President of
      1996.                                                                 the Sixth Chamber, C. Gulmann (Rapporteur), J.-P. Puissochet,
                                                                            R. Schintgen and V. Skouris, Judges; F.G. Jacobs, Advocate
b)    A person, one or other of whose parents is an employed person         General; L. Hewlett, Administrator, for the Registrar, has given
      or is out of work, comes within the scope ratione personae of         a judgment on 6 December 2001, in which it has ruled:
      Regulation No 1408/71, as amended, as a member of the
      family of a worker within the meaning of Article 2(1) of
                                                                            Consideration of the question referred has not revealed any matter of
      Regulation No 1408/71, read in the light of Article 1(f)(i)
                                                                            such a nature as to affect the validity of Commission Regulation (EC)
      thereof.
                                                                            No 590/1999 of 18 March 1999 supplementing the Annex to
c)    Articles 73 and 74 of Regulation No 1408/71 are to be                 Regulation (EC) No 1107/96 on the registration of geographical
      construed as meaning that, where a minor child resides with the       indications and designations of origin under the procedure laid down
      parent who has custody in a Member State other than the               in Article 17 of Regulation (EEC) No 2081/92, in so far as it
      Member State providing the benefit, and where the other parent,       registers the designation ‘Spreewälder Gurken’.
      who is under an obligation to pay maintenance, works or is
      unemployed in the Member State providing the benefit, that            (1) OJ C 281 of 2.10.1999.
      child is entitled to receive a family benefit such as the advance
      on maintenance payments provided for by the Unterhaltsvor-
      schussgesetz.
(1) OJ C 265 of 18.9.1999.
                                                                                              JUDGMENT OF THE COURT
                                                                                                      (Sixth Chamber)
                  JUDGMENT OF THE COURT
                                                                                                   of 27 November 2001
                           (Sixth Chamber)
                                                                                   in Case C-270/99 P: Z v European Parliament (1)
                         of 6 December 2001
                                                                            (Appeal — Officials — Disciplinary proceedings — Failure
in Case C-269/99 (reference for a preliminary ruling from                   to comply with the time-limits laid down in Article 7 of
the Landgericht Hamburg): Carl Kühne GmbH & Co. KG,                         Annex IX to the Staff Regulations of Officials of the
Rich. Hengstenberg GmbH & Co., Ernst Nowka GmbH &                                                 European Communities)
   Co. KG v Jütro Konservenfabrik GmbH & Co. KG (1)
                                                                                                       (2002/C 84/11)
(Agricultural products and foodstuffs — Geographical indi-
cations and designations of origin — Simplified registration
procedure — Protection of the designation ‘Spreewälder                                           (Language of the case: French)
                                Gurken’)
                                                                            (Provisional translation; the definitive translation will be published
                            (2002/C 84/10)                                                      in the European Court Reports)
                    (Language of the case: German)
                                                                            In Case C-270/99 P: Z, an official of the European Parliament,
(Provisional translation; the definitive translation will be published      residing in Brussels (Belgium), represented by J.-N. Louis,
                     in the European Court Reports)                         avocat, appeal against the judgment of the Court of First
                                                                            Instance of the European Communities (First Chamber) of
                                                                            4 May 1999 in Case T-242/97 Z v Parliament [1999] ECR
In Case C-269/99: reference to the Court under Article 234                  I-A-77 and II-401, seeking to have that judgment set aside in
EC from the Landgericht (Regional Court) Hamburg (Germany)                  so far as the Court of First Instance dismissed Z’s action against
 ---pagebreak--- 6.4.2002                EN                      Official Journal of the European Communities                                               C 84/7
the decision of the Secretary-General of the European Parlia-              concerning the coordination of procedures for the award of
ment of 28 October 1996 imposing on him the disciplinary                   public works contracts (OJ 1993 L 199, p. 54) — the Court
measure of downgrading, the other party to the proceedings                 (Sixth Chamber), composed of: N. Colneric, President of the
being: European Parliament (Agent: H. Krück) — the Court,                  Second Chamber, acting as President of the Sixth Chamber,
composed of: F. Macken, President of the Chamber, N. Colner-               C. Gulmann, J.-P. Puissochet, R. Schintgen (Rapporteur) and
ic, C. Gulmann, J.-P. Puissochet and V. Skouris (Rapporteur),              V. Skouris, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
Judges; F.G. Jacobs, Advocate General; H.A. Rühl, Principal                L. Hewlett, Administrator, for the Registrar, has given a
Administrator, for the Registrar, has given a judgment on                  judgment on 27 November 2001, in which it has ruled:
27 November 2001, in which it:
1.    Dismisses the appeal;
                                                                           Article 30(4) of Council Directive 93/37/EEC of 14 June 1993
2.    Orders Z to pay the costs.                                           concerning the coordination of procedures for the award of public
                                                                           works contracts must be interpreted as follows:
(1) OJ C 281 of 2.10.1999.
                                                                           —     it precludes a Member State’s legislation and administrative
                                                                                 practice which allow the contracting authority to reject tenders
                                                                                 offering a greater discount than the anomaly threshold as
                                                                                 abnormally low, taking into account only those explanations of
                                                                                 the prices proposed, covering at least 75 % of the basic contract
                                                                                 value mentioned in the contract notice, which tenderers were
                 JUDGMENT OF THE COURT                                           required to attach to their tender, without giving the tenderers
                                                                                 the opportunity to argue their point of view, after the opening
                         (Sixth Chamber)                                         of the envelopes, on those elements of the prices proposed which
                                                                                 gave rise to suspicions;
                      of 27 November 2001
                                                                           —     it also precludes a Member State’s legislation and administrative
in Joined Cases C-285/99 and C-286/99 (reference for a
                                                                                 practice which require the contracting authority to take into
preliminary ruling from the Consiglio di Stato): Impresa
                                                                                 consideration, for the purposes of examining abnormally low
Lombardini SpA — Impresa Generale di Costruzioni v
                                                                                 tenders, only explanations based on the economy of the
ANAS — Ente nazionale per le strade, Società Italiana per
                                                                                 construction method, technical solutions chosen, or exceptionally
Condotte d’Acqua SpA (C-285/99), and between Impresa
                                                                                 favourable conditions available to the tenderer, but not expla-
Ing. Mantovani SpA and ANAS — Ente nazionale per
                                                                                 nations relating to all those elements for which minimum values
le strade, Ditta Paolo Bregoli (C-286/99), intervener:
                                                                                 are laid down by law, regulation or administrative provision or
            Coopsette Soc. coop. arl (C-286/99) (1)
                                                                                 can be ascertained from official data;
(Directive 93/37/EEC — Public works contracts — Award
of contracts — Abnormally low tenders — Detailed rules for
                                                                           —     however, provided all the requirements it imposes are otherwise
explanation and rejection applied in a Member State —
                                                                                 complied with and the aims pursued by Directive 93/37 are
Obligations of the awarding authority under Community
                                                                                 not defeated, it does not in principle preclude a Member State’s
                                 law)
                                                                                 legislation and administrative practice which, in the matter of
                                                                                 identifying and examining abnormally low tenders, first, require
                          (2002/C 84/12)                                         all tenderers, under threat of exclusion from participation in the
                                                                                 contract, to accompany their tender with explanations of the
                    (Language of the case: Italian)                              prices proposed, covering at least 75 % of the basic value of
                                                                                 that contract, and, second, apply a method of calculating the
                                                                                 anomaly threshold based on the average of all the tenders
(Provisional translation; the definitive translation will be published           received for the tender procedure in question, so that tenderers
                   in the European Court Reports)                                are not in a position to know that threshold at the time they
                                                                                 lodge their file; the result produced by applying that calculation
                                                                                 method must, however, be capable of being reconsidered by the
In Joined Cases C-285/99 and C-286/99: reference to the                          contracting authority.
Court under Article 234 EC) from the Consiglio di Stato (Italy)
for a preliminary ruling in the proceedings pending before that
court between Impresa Lombardini SpA — Impresa Generale
di Costruzioni v ANAS — Ente nazionale per le strade, Società              (1) OJ C 314 of 30.10.1999.
Italiana per Condotte d’Acqua SpA (C-285/99), and between
Impresa Ing. Mantovani SpA and ANAS — Ente nazionale per
le strade, Ditta Paolo Bregoli (C-286/99), intervener: Coopsette
Soc. coop. arl (C-286/99) — on the interpretation of Article
30(4) of Council Directive 93/37/EEC of 14 June 1993