CELEX: C2000/047/13
Language: en
Date: 2000-02-19 00:00:00
Title: Judgment of the Court (First Chamber) of 18 November 1999 in Case C-275/98 (reference for a preliminary ruling from the Klagenævnet for Udbud): Unitron Scandinavia A/S, 3-S A/S, Danske Svineproducenters Serviceselskab v Ministeriet for Fødevarer, Landbrug og Fiskeri (Public supply contracts — Directive 93/36/EEC — Award of public supply contracts by a body other than a contracting authority)

C 47/8                    EN                      Official Journal of the European Communities                                          19.2.2000
                   JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                            (First Chamber)
                                                                                                   of 23 November 1999
                        of 18 November 1999
in Case C-275/98 (reference for a preliminary ruling from                    in Case C-149/96: Portuguese Republic v Council of the
the Klagenævnet for Udbud): Unitron Scandinavia A/S,                                                 European Union (1)
3-S A/S, Danske Svineproducenters Serviceselskab v
      Ministeriet for Fødevarer, Landbrug og Fiskeri (1)
                                                                             (Commercial policy — Access to the market in textile
(Public supply contracts — Directive 93/36/EEC — Award                          products — Products originating in India and Pakistan)
of public supply contracts by a body other than a contracting
                                authority)
                                                                                                       (2000/C 47/14)
                             (2000/C 47/13)
                     (Language of the case: Danish)                                           (Language of the case: Portuguese)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
In Case C-275/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Klagenævnet
for Udbud (Procurement Review Board) (Denmark) for a
preliminary ruling in the proceedings pending before that                    In Case C-149/96: Portuguese Republic (Agents: L. Fernandes
court between Unitron Scandinavia A/S, 3-S A/S, Danske                       and C. Botelho Moniz) v Council of the European Union
Svineproducenters Serviceselskab and Ministeriet for Fødevar-                (Agents: S. Kyriakopoulou and I. Lopes Cardoso), supported
er, Landbrug og Fiskeri — on the interpretation of Article 2(2)              by the French Republic (Agents: C. de Salins and G. Mignot)
of Council Directive 93/36/EEC of 14 June 1993 coordinating                  and by the Commission of the European Communities (Agents:
procedures for the award of public supply contracts (OJ 1993                 M. de Pauw and F. de Sousa Fialho) — application for annul-
L 199, p. 1) — the Court (First Chamber), composed of:                       ment of Council Decision 96/386/EC of 26 February 1996
L. Sevón, President of the Chamber, P. Jann (Rapporteur) and                concerning the conclusion of Memoranda of Understanding
M. Wathelet, Judges; S. Alber, Advocate General; R. Grass,                   between the European Community and the Islamic Republic
Registrar, has given a judgment on 18 November 1999, in                      of Pakistan and between the European Community and the
which it has ruled:                                                          Republic of India on arrangements in the area of market access
                                                                             for textile products (OJ 1996 L 153, p. 47) — the Court,
1. Article 2(2) of Council Directive 93/36/EEC of 14 June 1993               composed of: J.C. Moitinho de Almeida, President of the Third
     coordinating procedures for the award of public supply contracts        and Sixth Chambers, acting for the President, D.A.O. Edward,
     is independent in scope from the provisions of Council Directive        L. Sevón and R. Schintgen (Presidents of Chambers), P.J.G. Kap-
     92/50/EEC of 18 June 1992 relating to the coordination of               teyn (Rapporteur), C. Gulman, J.-P. Puissochet, G. Hirsch,
     procedures for the award of public service contracts.                   P. Jann, H. Ragnemalm and M. Wathelet, Judges; A. Saggio,
                                                                             Advocate General; H. von Holstein, Deputy Registrar, for the
2. Article 2(2) of Directive 93/36 must be interpreted as follows:           Registrar, has given a judgment on 23 November 1999, in
                                                                             which it:
     — It requires a contracting authority which grants to a body
          other than such a contracting authority special or exclusive
                                                                             1. Dismisses the application;
          rights to engage in a public service activity to require of that
          body, in relation to the public supply contracts which it
          awards to third parties in the context of that activity, that it   2. Orders the Portuguese Republic to pay the costs;
          comply with the principle of non-discrimination on grounds
          of nationality.
                                                                             3. Orders the French Republic and the Commission of the European
     — It does not, however, require in those circumstances that the              Communities to bear their own costs.
          contracting authority demand that, in awarding such public
          supply contracts, the body in question comply with the
          tendering procedures laid down by Directive 93/36.
                                                                             (1) OJ C 233 of 10.8.1996.
(1) OJ C 278 of 5.9.1998.