CELEX: C2005/182/26
Language: en
Date: 2005-07-23 00:00:00
Title: Judgment of the Court (Second Chamber) of 2 June 2005 in Case C-15/04: Reference for a preliminary ruling from the Bundesvergabeamt Koppensteiner GmbH v Bundesimmobiliengesellschaft mbH (Public procurement — Directive 89/665/EEC — Review procedures concerning the award of public procurement contracts — Decision to withdraw an invitation to tender after the opening of tenders — Judicial review — Scope — Principle of effectiveness)

23.7.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 182/14
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 2 June 2005
   in Case C-15/04: Reference for a preliminary ruling from the Bundesvergabeamt Koppensteiner GmbH v Bundesimmobiliengesellschaft mbH (1)
   
   (Public procurement - Directive 89/665/EEC - Review procedures concerning the award of public procurement contracts - Decision to withdraw an invitation to tender after the opening of tenders - Judicial review - Scope - Principle of effectiveness)
   (2005/C 182/26)
   Language of the case: German
   In Case C-15/04: reference for a preliminary ruling under Article 234 EC from the Bundesvergabeamt (Austria), made by decision of 12 January 2004, received at the Court on 19 January 2004, in the proceedings between Koppensteiner GmbH and Bundesimmobiliengesellschaft mbH — the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, R. Silva de Lapuerta, C. Gulmann (Rapporteur), P. Kūris and G. Arestis, Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar, gave a judgment on 2 June 2005, in which it ruled:
   The court or tribunal having jurisdiction is required to disapply national rules which prevent compliance with the obligation arising from Articles 1(1) and 2(1)(b) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of 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.
   
      (1)  OJ C 85 of 03.04.2004.