CELEX: C2000/047/07
Language: en
Date: 2000-02-19 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 18 November 1999 in Case C-209/97: Commission of the European Communities v Council of the European Union (Regulation (EC) No 515/97 — Legal basis — Article 235 of the EC Treaty (now Article 308 EC) or Article 100a of the EC Treaty (now, after amendment, Article 95 EC))

19.2.2000               EN                      Official Journal of the European Communities                                              C 47/5
or withdrawal within the meaning of Council Regulation (EEC)                                   JUDGMENT OF THE COURT
No 1408/71 of 14 June 1971 on the application of social security
schemes to employed persons, to self-employed persons and to
members of their families moving within the Community, as amended                                       (Fifth Chamber)
by Council Regulation (EEC) No 1248/92 of 30 April 1992.
                                                                                                    of 18 November 1999
(1) OJ C 55 of 20.2.1998.
                                                                           in Case C-107/98 (reference for a preliminary ruling from
                                                                           the Tribunale Amministrativo Regionale per l’Emilia-
                                                                           Romagna): Teckal Srl v Comune di Viano, Azienda Gas-
                                                                                  Acqua Consorziale (AGAC) di Reggio Emilia (1)
                 JUDGMENT OF THE COURT
                                                                           (Public service and public supply contracts — Directives
                                                                           92/50/EEC and 93/36/EEC — Award by a local authority of
                         (Sixth Chamber)                                   a contract for the supply of products and provision of
                                                                             specified services to a consortium of which it is a member)
                      of 18 November 1999
in Case C-209/97: Commission of the European Communi-                                                    (2000/C 47/08)
           ties v Council of the European Union (1)
(Regulation (EC) No 515/97 — Legal basis — Article 235                                            (Language of the case: Italian)
of the EC Treaty (now Article 308 EC) or Article 100a of the
      EC Treaty (now, after amendment, Article 95 EC))
                          (2000/C 47/07)                                   (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
                    (Language of the case: French)
                                                                           In Case C-107/98: reference to the Court under Article 177 of
                                                                           the EC Treaty (now Article 234 EC) from the Tribunale
(Provisional translation; the definitive translation will be published     Amministrativo Regionale per l’Emilia-Romagna (Regional
                   in the European Court Reports)                          Administrative Court for Emilia Romagna), Italy, for a prelimi-
                                                                           nary ruling in the proceedings pending before that court
In Case C-209/97: Commission of the European Communities                   between Teckal Srl and Comune di Viano, Azienda Gas-Acqua
(Agents: M. Nolin and P. van Nuffel), supported by the Euro-               Consorziale (AGAC) di Reggio Emilia — on the interpretation
pean Parliament, (Agents: J. Schoo and J.-L. Rufas Quintana) v             of Article 6 of Council Directive 92/50/EEC of 18 June 1992
Council of the European Union (Agents: B. Hoff-Nielsen,                    relating to the coordination of procedures for the award of
M.C. Giorgi and F. Anton), supported by the French Republic                public service contracts (OJ 1992 L 209, p. 1) — the Court
(Agents: M. Perrin de Brichambaut and F. Pascal) — application             (Fifth Chamber), composed of: D.A.O. Edward, President of the
for the annulment of Council Regulation (EC) No 515/97 of                  Chamber, L. Sevón, J.-P. Puissochet, P. Jann (Rapporteur) and
13 March 1997 on mutual assistance between the administrat-                M. Wathelet, Judges; G. Cosmas, Advocate General; H.A. Rühl,
ive authorities of the Member States and cooperation between               Principal Administrator, for the Registrar, has given a judgment
the latter and the Commission to ensure the correct application            on 18 November 1999, in which it has ruled:
of the law on customs and agricultural matters (OJ 1997 L 82,
p. 1) — the Court (Sixth Chamber), composed of: P.J.G. Kap-
teyn, acting for the President of the Sixth Chamber, G. Hirsch             Council Directive 93/36/EEC of 14 June 1993 coordinating pro-
(Rapporteur) and H. Ragnemalm, Judges; A. Saggio, Advocate                 cedures for the award of public supply contracts is applicable in the
General; R. Grass, Registrar, has given a judgment on 18 Nov-              case where a contracting authority, such as a local authority, plans to
ember 1999, in which it:                                                   conclude in writing, with an entity which is formally distinct from it
                                                                           and independent of it in regard to decision-making, a contract for
1. Dismisses the application;                                              pecuniary interest for the supply of products, whether or not that
                                                                           entity is itself a contracting authority.
2. Orders the Commission of the European Communities to pay the
    costs and the European Parliament and the French Republic to
    bear their own costs.
                                                                           (1) OJ C 209 of 4.7.1998.
(1) OJ C 228 of 26.7.1997.