CELEX: C2003/158/02
Language: en
Date: 2003-07-05 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 15 May 2003 in Case C-214/00: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 89/665/EEC — Review procedures in public procurement — Transposition — "Contracting authority" — Public law body — Reviewable acts — Interim measures)

C 158/2                 EN                           Official Journal of the European Union                                               5.7.2003
                 JUDGMENT OF THE COURT                                       —     allow review to be sought of all decisions adopted by the
                                                                                   contracting authorities, including all procedural
                                                                                   measures, during the procedure for the award of public
                         (Sixth Chamber)                                           contracts; and
                                                                             —     provide for the possibility of all appropriate interim
                          of 15 May 2003                                           measures being granted in relation to decisions adopted
                                                                                   by the contracting authorities, including measures sus-
                                                                                   pending administrative decisions, removing for that pur-
in Case C-214/00: Commission of the European Communi-                              pose all difficulties and obstacles and in particular the
                   ties v Kingdom of Spain ( 1)                                    need first to bring an action against the decision of the
                                                                                   contracting authority,
(Failure of a Member State to fulfil obligations — Directive                 the Kingdom of Spain has failed to fulfil its obligations under
89/665/EEC — Review procedures in public procurement —                       Community law, the Court (Sixth Chamber), composed of: R.
Transposition — ‘Contracting authority’ — Public law body                    Schintgen, acting as the President of the Sixth Chamber, V.
           — Reviewable acts — Interim measures)                             Skouris (Rapporteur), F. Macken, N. Colneric, and J. N. Cunha
                                                                             Rodrigues, Judges; P. Léger, Advocate General; L. Hewlett,
                                                                             Principal Administrator, for the Registrar, gave a judgment on
                          (2003/C 158/02)                                    15 May 2003, the operative part of which is as follows:
                   (Language of the case: Spanish)                           1.    By failing to adopt the measures necessary to comply with
                                                                                   Articles 1 and 2 of Council Directive 89/665/EEC of
                                                                                   21 December 1989 on the coordination of the laws, regulations
(Provisional translation; the definitive translation will be published             and administrative provisions relating to the application of
                   in the European Court Reports)                                  review procedures to the award of public supply and public
                                                                                   works contracts, as amended by Council Directive 92/50/EEC
                                                                                   of 18 June 1992 relating to the coordination of procedures for
                                                                                   the award of public service contracts, and in particular:
In Case C-214/00: Commission of the European Communities                           —     by failing to extend the system of review procedures
(Agent: G. Valero Jordana) v Kingdom of Spain (Agent: S. Ortiz                           provided for by that directive to decisions adopted by
Vaamonde) — application for a declaration that, by failing to                            companies governed by private law set up specifically to
adopt the measures necessary to comply with Articles 1 and 2                             meet needs in the general interest which are not of an
of Council Directive 89/665/EEC of 21 December 1989 on                                   industrial or commercial character, have legal personality,
the coordination of the laws, regulations and administrative                             and whose business is for the most part financed by the
provisions relating to the application of review procedures to                           public authorities or other bodies governed by public law,
the award of public supply and public works contracts (OJ                                or those whose operations are subject to supervision by
1989 L 395, p. 33), as amended by Council Directive 92/50/                               the latter, or whose administrative, management or
EEC of 18 June 1992 relating to the coordination of procedures                           supervisory body is made up of members of whom more
for the award of public service contracts (OJ 1992 L 209, p. 1),                         than one-half are appointed by the public authorities or
and in particular by failing to:                                                         other bodies governed by public law;
                                                                                   —     by subjecting, as a general rule, the possibility of
—     extend the system of review procedures provided for by
                                                                                         appropriate interim measures being granted in relation to
      that directive to decisions adopted by all contracting
                                                                                         decisions adopted by the contracting authorities to the
      authorities, within the meaning of Article 1(b) of Direc-
                                                                                         requirement that an action must first be brought against
      tives 92/50, Council Directive 93/36/EEC of 14 June                                the decision of the contracting authority, the Kingdom of
      1993 coordinating procedures for the award of public
                                                                                         Spain has failed to fulfil its obligations under that
      supply contracts (OJ 1993 L 199, p. 54) and Council
                                                                                         directive.
      Directive 93/37/EEC of 14 June 1993 concerning the
      coordination of procedures for the award of public works
      contracts (OJ 1993 L 199, p. 54), including companies                  2.    .The remainder of the application is dismissed.
      governed by private law set up specifically to meet needs
      in the general interest which are not of an industrial or              3.    .The Commission of the European Communities is ordered to
      commercial character, have legal personality, and whose                      bear one third of the costs and the Kingdom of Spain is ordered
      business is for the most part financed by the public                         to pay two thirds of the costs.
      authorities or other bodies governed by public law, or
      those whose operations are subject to supervision by
      the latter, or whose administrative, management or                     (1 ) OJ C 211 of 22.7.2000.
      supervisory body is made up of members of whom more
      than one-half are appointed by the public authorities or
      other bodies governed by public law;