CELEX: C1998/327/05
Language: en
Date: 1998-10-24 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 17 September 1998 in Case C-323/96: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil obligations - Public works contracts - Directives 89/440/EEC and 93/37/EEC - Failure to publish a contract notice - Application of negotiated procedure without justification)

24.10.98             EN                 Official Journal of the European Communities                                      C 327/3
    at that date, the directive concerned had not yet been              survey organisations and for the relevant activities of
    properly transposed into national law.                              maritime administrations, Ireland has failed to fulfil its
                                                                        obligations under Article 16(1) thereof;
2. Community law does not preclude, in the event of the
    repayment of charges levied in breach thereof,                 2. Orders Ireland to pay the costs.
    payment of interest calculated by methods less
    favourable than those applicable under the ordinary
    rules governing actions for the recovery of sums paid          (1) OJ C 55, 20.2.1998.
    but not due between private individuals, provided that
    those methods apply in the same way to such actions
    brought under Community law as to those brought
    under national law.
(1) OJ C 318, 26.10.1996.
                                                                                  JUDGMENT OF THE COURT
                                                                                          (Sixth Chamber)
                                                                                       of 17 September 1998
                                                                   in    Case   C-323/96: Commission of the European
              JUDGMENT OF THE COURT                                           Communities v Kingdom of Belgium (1)
                       (Fifth Chamber)                             (Failure by a Member State to fulfil obligations Ð Public
                                                                   works contracts Ð Directives 89/440/EEC and 93/37/
                    of 15 September 1998                           EEC Ð Failure to publish a contract notice Ð Application
                                                                           of negotiated procedure without justification)
in   Case   C-431/97: Commission of the            European
                  Communities v Ireland (1)                                                (98/C 327/05)
(Failure to fulfil obligations Ð Council Directive 94/57/
                 EC Ð Failure to transpose)
                                                                                   (Language of the case: Dutch)
                        (98/C 327/04)
               (Language of the case: English)
                                                                     (Provisional translation; the definitive translation will be
                                                                             published in the European Court Reports)
In Case C-431/97: Commission of the European
Communities (Agent: Berend Jan Drijber) v Ireland
(Agent: Michael A. Buckley) Ð application for a                    In Case C-323/96: Commission of the European
declaration that, by failing to adopt the laws, regulations        Communities (Agent: Hendrik van Lier) v Kingdom of
or administrative provisions necessary to comply with              Belgium (Agent: Michel FlameÂe) Ð application for a
Council Directive 94/57/EC of 22 November 1994 on                  declaration that, by failing to publish a contract notice in
common rules and standards for ship inspection and                 the Official Journal of the European Communities both
survey organisations and for the relevant activities of            for the overall project and for each of the lots relating to
maritime administrations (OJ L 319, 12.12.1994, p. 20),            the construction of the premises of the Vlaamse Raad, and
Ireland has failed to fulfil its obligations under that            by failing to apply the award procedures laid down in
directive and the EC Treaty Ð the Court (Fifth Chamber),           Council Directive 89/440/EEC of 18 July 1989, amending
composed of: C. Gulmann, President of the Chamber,                 Directive 71/305/EEC concerning coordination of
M. Wathelet (Rapporteur), J. C. Moitinho de Almeida,               procedures for the award of public works contracts (OJ
D. A. O. Edward and J.-P. Puissochet, Judges; F. G.                L 210, 21.7.1989, p. 1), and in Council Directive 93/37/
Jacobs, Advocate General; R. Grass, Registrar, has given a         EEC of 14 June 1993 concerning the coordination of
judgment on 15 September 1998, in which it:                        procedures for the award of public works contracts (OJ
                                                                   L 199, 9.8.1993, p. 54) and, more specifically, by having
                                                                   awarded Lot No 4 by negotiated procedure without
                                                                   justification, the Kingdom of Belgium has failed to fulfil
1. Declares that, by failing to adopt, within the                  its obligations under those directives and, more
    prescribed time-limit, the laws, regulations or                specifically, Articles 7 and 11 of Directive 93/37/EEC Ð
    administrative provisions necessary to comply with             the Court (Sixth Chamber), composed of: H. Ragnemalm,
    Council Directive 94/57/EC of 22 November 1994 on              President of the Chamber, G. F. Mancini, P. J. G. Kapteyn,
    common rules and standards for ship inspection and             J. L. Murray and K. M. Ioannou (Rapporteur), Judges;
 ---pagebreak--- C 327/4                EN                 Official Journal of the European Communities                                     24.10.98
S. Alber, Advocate General; H. von Holstein, Deputy                  G. F. Mancini, J. L. Murray (Rapporteur), G. Hirsch and
Registrar, for the Registrar, has given a judgment on                K. M. Ioannou, Judges; S. Alber, Advocate General; R.
17 September 1998, in which it:                                      Grass, Registrar, has given a judgment on 17 September
                                                                     1998, in which it has ruled:
1. Declares that,
                                                                     1. Council Directive 91/414/EEC of 15 July 1991
     Ð by failing to publish a contract notice in the
                                                                          concerning the placing of plant protection products
         Official Journal of the European Communities
                                                                          on the market requires prior authorisation, granted
         both for the overall project and for each of the lots
                                                                          pursuant to either Article 4 or Article 8, to be
         relating to the construction of the premises of the
                                                                          obtained from the competent authority of each
         Vlaamse Raad, and
                                                                          Member State in which a pesticide covered by that
                                                                          directive is placed on the market.
     Ð by failing to apply the award procedures laid
         down in Council Directive 71/305/EEC of 26 July
         1971 concerning the coordination of procedures              2. National legislation which prohibits a biocidal product
         for the award of public works contracts, as                      not previously authorised by the competent authority
         amended by Council Directive 89/440/EEC                          from being placed on the market constitutes a measure
         of 18 July 1989, and Council Directive 93/37/EEC                 having an effect equivalent to a quantitative restriction
         of 14 June 1993 concerning the coordination                      within the meaning of Article 30 of the EC Treaty
         of procedures for the award of public works                      which is justified under Article 36 of that Treaty, even
         contracts and, more specifically, by having                      if that product has already been authorised in another
         awarded lot No 4 by negotiated procedure without                 Member State, provided that technical or chemical
         justification,                                                   analyses or laboratory tests are not unnecessarily
                                                                          required when the same analyses and tests have
     the Kingdom of Belgium has failed to fulfil its                      already been carried out in that other Member State
     obligations under those directives and, more                         and their results are available to the competent
     specifically, under Articles 7 and 11(2) and (9) of                  authorities of the importing Member State or can, at
     Directive 93/37;                                                     their request, be made available to them.
2. Orders the Kingdom of Belgium to pay the costs.                   (1) OJ C 40, 8.2.1997.
(1) OJ C 354, 23.11.1996.
                                                                                    JUDGMENT OF THE COURT
                JUDGMENT OF THE COURT                                                        (Sixth Chamber)
                        (Sixth Chamber)                                                   of 17 September 1998
                     of 17 September 1998                            in Case C-412/96 (reference for a preliminary ruling
in Case C-400/96 (reference for a preliminary ruling                 from the Korkein Hallinto-oikeus): Proceedings brought
from the Tribunal Correctionnel, Charleroi): Criminal                 by Kainuun Liikenne Oy and Oy Pohjolan Liikenne Ab (1)
            proceedings against Jean Harpegnies (1)
                                                                     (Transport Ð Public service obligations Ð Application for
(Plant protection products Ð National legislation                              termination of part of a service obligation)
requiring approval by the competent authorities Ð
                                                                                              (98/C 327/07)
                  Article 30 of the EC Treaty)
                          (98/C 327/06)
                                                                                     (Language of the case: Finnish)
                 (Language of the case: French)
                                                                       (Provisional translation; the definitive translation will be
  (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
          published in the European Court Reports)
In Case C-400/96: reference to the Court under Article 177           In Case C-412/96: reference to the Court under Article 177
of the EC Treaty from the Tribunal Correctionnel                     of the EC Treaty from the Korkein Hallinto-oikeus
(Criminal Court), Charleroi (Belgium), for a preliminary             (Supreme Administrative Court) (Finland) for a preliminary
ruling in the criminal proceedings pending before that               ruling in the proceedings pending before that court brought
court against Jean Harpegnies Ð on the interpretation of             by Kainuun Liikenne Oy and Oy Pohjolan Liikenne Ab Ð
Article 30 of the EC Treaty Ð the Court (Sixth Chamber),             on the interpretation of Regulation (EEC) No 1191/69 of
composed of: H. Ragnemalm, President of the Chamber,                 the Council of 26 June 1969 on action by Member States