CELEX: C2007/096/15
Language: en
Date: 2007-04-28 00:00:00
Title: Case C-295/05: Judgment of the Court (Second Chamber) of 19 April 2007 (Reference for a preliminary ruling from the Tribunal Supremo, Spain) — Asociación Nacional de Empresas Forestales (ASEMFO) v Transformación Agraria SA, Administración del Estado (Reference for a preliminary ruling — Admissibility — Article 86(1) EC — No independent effect — Factors permitting material which enables the Court to give a useful answer to the questions referred — Directives 92/50/EEC, 93/36/EEC and 93/37/EEC — National legislation enabling a public undertaking to perform operations on the direct instructions of the public authorities without being subject to the general rules for the award of public procurement contracts — Internal management structure — Conditions — The public authority must exercise over a distinct entity a control similar to that which it exercises over its own departments — The distinct entity must carry out the essential part of its activities with the public authority or authorities which control it)

28.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 96/10
            
         Judgment of the Court (Second Chamber) of 19 April 2007 (Reference for a preliminary ruling from the Tribunal Supremo, Spain) — Asociación Nacional de Empresas Forestales (ASEMFO) v Transformación Agraria SA, Administración del Estado
   (Case C-295/05) (1)
   
   (Reference for a preliminary ruling - Admissibility - Article 86(1) EC - No independent effect - Factors permitting material which enables the Court to give a useful answer to the questions referred - Directives 92/50/EEC, 93/36/EEC and 93/37/EEC - National legislation enabling a public undertaking to perform operations on the direct instructions of the public authorities without being subject to the general rules for the award of public procurement contracts - Internal management structure - Conditions - The public authority must exercise over a distinct entity a control similar to that which it exercises over its own departments - The distinct entity must carry out the essential part of its activities with the public authority or authorities which control it)
   (2007/C 96/15)
   Language of the case: Spanish
   Referring court
   Tribunal Supremo
   Parties to the main proceedings
   
      Applicant: Asociación Nacional de Empresas Forestales (ASEMFO)
   
      Defendants: Transformación Agraria SA, Administración del Estado
   Re:
   Reference for a preliminary ruling — Tribunal Supremo — Interpretation of Article 86(1) EC and Directives 93/36/EEC, 93/37/EEC, 97/52/EC, 2001/78/EC and 2004/18/EC coordinating procedures for the award of public supply, works, and service contracts — Compatibility of a national law granting to a public undertaking a legal regime which allows it to execute public works outside the procedures provided for the award of public contracts
   Operative part of the judgment
   Council Directives 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts and 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts do not preclude a body of rules such as that governing Tragsa, which enables it, as a public undertaking acting as an instrument and technical service of several public authorities, to execute operations without being subject to the regime laid down by those directives, since, first, the public authorities concerned exercise over that undertaking a control similar to that which they exercise over their own departments, and, second, such an undertaking carries out the essential part of its activities with those same authorities.
   
      (1)  OJ C 257, 15.10.2005.