CELEX: C2003/055/08
Language: en
Date: 2003-03-08 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 30 January 2003 in Case C-226/01: Commission of the European Communities v Kingdom of Denmark (Failure by a Member State to fulfil its obligations — Quality of bathing water — Inadequate implementation of Directive 76/160/EEC)

C 55/4                  EN                           Official Journal of the European Union                                              8.3.2003
and C-16/01), on the interpretation of Articles 28 EC and 30                 21 December 1989 on the coordination of the laws, regu-
EC and of Council Directive 79/112/EEC of 18 December                        lations and administrative provisions relating to the application
1978 on the approximation of the laws of the Member States                   of review procedures to the award of public supply and public
relating to the labelling, presentation and advertising of                   works contracts (OJ 1989 L 395, p. 33), as amended by
foodstuffs (OJ 1979 L 33, p. 1), as amended by Directive 97/                 Council Directive 92/50/EEC of 18 June 1992 relating to the
4/EC of the European Parliament and of the Council of                        coordination of procedures for the award of public service
27 January 1997 (OJ 1997 L 43, p. 21), the Court (Sixth                      contracts (OJ 1992 L 209, p. 1), and of Council Directive 93/
Chamber), composed of: R. Schintgen, President of the Second                 37/EEC of 14 June 1993 concerning the coordination of
Chamber, acting for the President of the Sixth Chamber,                      procedures for the award of public works contracts (OJ 1993
V. Skouris, F. Macken, N. Colneric and J.N. Cunha Rodrigues                  L 199, p. 54), the Court (Sixth Chamber), composed of:
(Rapporteur), Judges; L.A. Geelhoed, Advocate General;                       C. Gulmann, acting for the President of the Sixth Chamber,
R. Grass, Registrar, has given a judgment on 23 January 2003,                V. Skouris, F. Macken, N. Colneric and J.N. Cunha Rodrigues
in which it has ruled:                                                       (Rapporteur), Judges; C. Stix-Hackl, Advocate General;
                                                                             H. A. Rühl, Principal Administrator, for the Registrar, has
Articles 2(1)(b) and 15(1) and (2) of Council Directive 79/112/              given a judgment on 23 January 2003, in which it has ruled:
EEC of 18 December 1978 on the approximation of the laws of the
Member States relating to the labelling, presentation and advertising        1.    Council Directive 93/37/EEC of 14 June 1993 concerning the
of foodstuffs, as amended by Directive 97/4/EC of the European                     coordination of procedures for the award of public works
Parliament and of the Council of 27 January 1997, preclude a                       contracts does not preclude national rules which prohibit a
system such as that established by Paragraph 9(1) and (3) of the                   change in the composition of a group consortium taking part
Bundesgesetz über den Verkehr mit Lebensmitteln, Verzehrprodukten,                 in a procedure for the award of a public works contract or a
Zusatzstoffen, kosmetischen Mitteln und Gebrauchsgegenständen                      public works concession which occurs after submission of
(Lebensmittelgesetz 1975) (Federal Law on trade in foodstuffs,                     tenders;
products intended for human consumption, additives, cosmetic
                                                                             2.    In so far as a decision of a contracting authority adversely
products and consumer goods) which lays down a general prohibition,
                                                                                   affects the rights conferred on a consortium by Community law
subject to prior authorisation, of all health-related information on
                                                                                   in the context of a procedure for the award of a public contract,
the labelling and presentation of foodstuffs.
                                                                                   the consortium must be able to avail itself of the review
                                                                                   procedures provided for by Council Directive 89/665/EEC of
( 1) OJ C 28 of 27.01.2001.                                                        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.
                 JUDGMENT OF THE COURT
                                                                             (1 ) OJ C 150 of 19.5.2001.
                         (Sixth Chamber)
                        of 23 January 2003
in Case C-57/01 (Reference for a preliminary ruling                                            JUDGMENT OF THE COURT
from the Dioikitiko Efeteio Athinon): Makedoniko Metro,
             Mikhaniki AE v Elliniko Dimosio ( 1),                                                      (Sixth Chamber)
(Public works contracts — Rules for participating — Group                                              of 30 January 2003
of contractors submitting a tender — Change in the compo-
sition of the group — Prohibition laid down in the contract                  in Case C-226/01: Commission of the European Communi-
documents — Compatibility with Community law — Review                                          ties v Kingdom of Denmark (1)
                            procedures)
                                                                             (Failure by a Member State to fulfil its obligations —
                          (2003/C 55/07)                                     Quality of bathing water — Inadequate implementation of
                                                                                                     Directive 76/160/EEC)
                    (Language of the case: Greek)
                                                                                                         (2003/C 55/08)
(Provisional translation; the definitive translation will be published                            (Language of the case: Danish)
                   in the European Court Reports)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
In Case C-57/01: Reference to the Court under Article 234 EC
by the Diikitiko Efetio Athinon (Greece) for a preliminary
ruling in the proceedings pending before that court between                  In Case C-226/01, Commission of the European Communities
Makedoniko Metro, Mikhaniki AE and Elliniko Dimosio,                         (Agent: H. C. Støvlbæk) v Kingdom of Denmark (Agents:
on the interpretation of Council Directive 89/665/EEC of                     J. Molde and J. Bering Liisberg): Application for a declaration
 ---pagebreak--- 8.3.2003                 EN                         Official Journal of the European Union                                          C 55/5
that, by failing to take all necessary measures to ensure that              What is the precise scope of the eleven-month time limit laid
the quality of its bathing water conforms to the limit values               down in Article 11a(1) of Commission Regulation (EEC)
laid down by Council Directive 76/160/EEC of 8 December                     No 1062/87 ( 1) of 27 March 1987 on provisions for the
1975 concerning the quality of bathing water (OJ 1976 L 31,                 implementation of the Community transit procedure and for
p. 1) and by failing to adhere to the minimum sampling                      certain simplifications of that procedure, inserted by
frequencies required by that directive, the Kingdom of Den-                 Article 1(1) of Commission Regulation (EEC) No 1429/90 (2)
mark has failed to fulfil its obligations under Articles 4(1)               of 29 May 1990 amending Regulation (EEC) No 1062/87 on
and 6(1) of the same directive, the Court (Sixth Chamber),                  provisions for the implementation of the Community transit
composed of: J.-P. Puissochet, President of the Chamber,                    procedure and for certain simplifications of that procedure (as
R. Schintgen, C. Gulmann, V. Skouris and J.N. Cunha Rodrigues               applicable prior to the repeal of Regulation No 1062/87 by
(Rapporteur), Judges; J. Mischo, Advocate General; H. von                   Article 127(1) of Commission Regulation (EEC) No 1214/
Holstein, Deputy Registrar, has given a judgment on 30 January              92 (3) of 21 April 1992 on provisions for the implementation
2003, in which it:                                                          of the Community transit procedure and for certain simplifi-
                                                                            cations of that procedure, repealed in turn by Article 913 of
                                                                            Commission Regulation (EEC) No 2454/93 ( 4) of 2 July 1993
1.    Declares that, by failing, during the years 1995 to 1998, to          laying down provisions for the implementation of Council
      take all necessary measures to ensure that the quality of its         Regulation (EEC) No 2913/92 ( 5) establishing the Community
      bathing water conformed to the limit values laid down in              Customs Code)?
      Council Directive 76/160/EEC of 8 December 1975 concern-
      ing the quality of bathing water and by failing, during the same
      years, to adhere to the minimum sampling frequencies required
                                                                            Must this provision be construed as meaning that the com-
      by that directive, the Kingdom of Denmark has failed to fulfil
      its obligations under Articles 4(1) and 6(1) of the same              petent Member State is not entitled to demand the duties owed
                                                                            from the principal where this eleven-month time limit has not
      directive;
                                                                            been observed?
2.    Orders the Kingdom of Denmark to pay the costs.
                                                                            (1 ) OJ L 107 [1987], p. 1.
                                                                            (2 ) OJ L 137 [1990], p. 21.
( 1) OJ C 212 of 28.7.2001.                                                 (3 ) OJ L 132 [1992], p. 1.
                                                                            (4 ) OJ L 253 [1993], p. 1.
                                                                            (5 ) OJ L 302 [1992], p. 1.
Reference for a preliminary ruling by the Hof van Cassatie
by judgment of that Court of 5 November 2002 in the
case of 1. Belgian Refining Corporation, 2. Michael Gene                    Reference for a preliminary ruling by the Hof van Cassatie
Sachs, 3. Alfred Alfons Marie Leysens, 4. André Leonard                     by judgment of that Court of 5 November 2002 in the
Elisabeth Schatteman, 5. Frank Catharina Martin Devoght,                    case of I. Francis Maria SIPS against Ministerie van
and 6. Gilbert Theo Marie Frans Dias against Ministerie                     Financiën and II. Florentius Martha Adrianus Petrus
                             van Financiën                                  Vreijsen and Vreijsen Douane-Expediteur against Minis-
                                                                                                   terie van Financiën
                           (Case C-412/02)
                                                                                                      (Case C-413/02)
                            (2003/C 55/09)
                                                                                                       (2003/C 55/10)
Reference has been made to the Court of Justice of the
European Communities by judgment of the Hof van Cassatie                    Reference has been made to the Court of Justice of the
(Belgian Court of Cassation) of 5 November 2002, received at                European Communities by judgment of the Hof van Cassatie
the Court Registry on 19 November 2002, for a preliminary                   (Belgian Court of Cassation) of 5 November 2002, received at
ruling in the case of 1. Belgian Refining Corporation, 2. Michael           the Court Registry on 19 November 2002, for a preliminary
Gene Sachs, 3. Alfred Alfons Marie Leysens, 4. André Leonard                ruling in the case of I. Francis Maria SIPS against Ministerie
Elisabeth Schatteman, 5. Frank Catharina Martin Devoght, and                van Financiën and II. Florentius Martha Adrianus Petrus
6. Gilbert Theo Marie Frans Dias against Ministerie van                     Vreijsen and Vreijsen Douane-Expediteur against Ministerie
Financiën on the following questions:                                       van Financiën on the following questions: