CELEX: C1999/136/04
Language: en
Date: 1999-05-15 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 4 March 1999 in Case C-258/97 (reference for a preliminary ruling from the Unabhängiger Verwaltungssenat für Kärnten): Hospital Ingenieure Krankenhaustechnik Planungs-Gesellschaft mbH (HI) v Landeskrankenanstalten-Betriebsgesellschaft (Public service contracts - Effect of a directive not transposed into national law)

15.5.1999                EN                     Official Journal of the European Communities                                              C 136/3
                  JUDGMENT OF THE COURT                                        conformity with Directive 92/50 and the requirement that the
                                                                               rights of individuals must be protected effectively, the national
                                                                               court must determine whether the relevant provisions of its
                          (Sixth Chamber)                                      domestic law allow recognition of a right for individuals to bring
                                                                               an appeal in relation to awards of public service contracts. In
                          of 4 March 1999                                      circumstances such as those arising in the case in the main
                                                                               proceedings, the national court must determine in particular
                                                                               whether such a right of appeal may be exercised before the same
in Case C-258/97 (reference for a preliminary ruling                           bodies as those established to hear appeals concerning the award
from the Unabhängiger Verwaltungssenat für Kärnten):                           of public supply contracts and public works contracts.
Hospital Ingenieure Krankenhaustechnik Planungs-
Gesellschaft mbH (HI) v Landeskrankenanstalten-                            3. Services of the kind with which the defendant’s invitation to
                       Betriebsgesellschaft (1)                                tender is concerned, namely tasks relating to the preparation and
                                                                               execution of projects for the construction of a paediatric clinic in
                                                                               a hospital and the corresponding medical facilities, fall within
(Public service contracts — Effect of a directive not trans-                   Category No 12 of Annex I A to Directive 92/50/EEC.
                      posed into national law)
                                                                           4. The provisions of Titles I and II of Directive 92/50/EEC may be
                           (1999/C 136/04)                                     relied on directly by individuals before national courts. As regards
                                                                               the provisions of Titles III to VI, they may also be relied on by an
                                                                               individual before a national court if it is clear from an individual
                                                                               examination of their wording that they are unconditional and
                    (Language of the case: German)                             sufficiently clear and precise.
(Provisional translation; the definitive translation will be published     (1) OJ C 271, 6.9.1997.
                    in the European Court Reports)
In Case C-258/97: reference to the Court under Article 177 of
the EC Treaty from the Unabhängiger Verwaltungssenat für
Kärnten for a preliminary ruling in the proceedings pending
before that court between Hospital Ingenieure Krankenhaus-
technik Planungs-Gesellschaft mbH (HI) and Landeskrankenan-
stalten-Betriebsgesellschaft — on the interpretation of Council                              JUDGMENT OF THE COURT
Directive 89/665/EEC of 21 December 1989 on the coordi-
nation of the laws, regulations and administrative provisions                                         of 9 March 1999
relating to the application of review procedures to the award
of public supply and public works contracts (OJ L 395,
30.12.1989, p. 33) and of Council Directive 92/50/EEC of                   in Case C-212/97 (reference for a preliminary ruling from
18 June 1992 relating to the coordination of procedures for                the Højesteret): Centros Ltd v Erhvervs- og Selskabs-
the award of public service contracts (OJ L 209, 24.7.1992, p.                                           styrelsen (1)
1) — the Court (Sixth Chamber), composed of: P. J. G. Kapteyn
(Rapporteur), President of the Chamber, G. Hirsch, J. L. Murray,           (Freedom of establishment — Establishment of a branch
H. Ragnemalm and R. Schintgen, Judges; A. Saggio, Advocate                 by a company not carrying on any actual business —
General; H. A. Rühl, Principal Administrator, for the Registrar,               Circumvention of national law — Refusal to register)
has given a judgment on 4 March 1999, in which it has ruled:
                                                                                                       (1999/C 136/05)
1. The conditions laid down in Article 2(8) of Council Directive
     89/665/EEC of 21 December 1989 on the coordination of the
     laws, regulations and administrative provisions relating to the
                                                                                                (Language of the case: Danish)
     application of review procedures to the award of public supply
     and public works contracts do not apply to authorities whose
     composition and functioning are governed by rules such as those
     to which that body is subject.                                        (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
2. Neither Article 2(8) nor any other provisions of Directive
     89/665/EEC may be interpreted as meaning that, if Council             In Case C-212/97: reference to the Court under Article 177 of
     Directive 92/50/EEC of 18 June 1992 relating to the coordi-           the EC Treaty from the Højesteret for a preliminary ruling in
     nation of procedures for the award of public service contracts has    the proceedings pending before that court between Centros
     not been transposed by the end of the period prescribed for that      Ltd and Erhvervs- og Selskabsstyrelsen — on the interpretation
     purpose, the review bodies in the Member States with jurisdiction     of Articles 52, 56 and 58 of the EC Treaty — the Court,
     to review procedures for the award of public supply contracts and     composed of: G. C. Rodrı́guez Iglesias, President, P. J. G. Kap-
     public works contracts, established under Article 2(8) of Directive   teyn, J.-P. Puissochet, G. Hirsch and P. Jann, Presidents of
     89/665, may also hear appeals concerning procedures for the           Chamber, G. F. Mancini, J. C. Moitinho de Almeida, C. Gul-
     award of public service contracts. However, in order to observe       mann, J. L. Murray, D. A. O. Edward, H. Ragnemalm, L. Sevón,
     the requirement that domestic law must be interpreted in              M. Wathelet (Rapporteur), R. Schintgen and K. M. Ioannou,