CELEX: C2003/019/03
Language: en
Date: 2003-01-25 00:00:00
Title: Judgment of the Court of 10 December 2002 in Case C-153/00 (Reference for a preliminary ruling from the Onderzoeksrechter in de Rechtbank van eerste aanleg te Turnhout): Paul der Weduwe (Freedom to provide services — Banking activities — Employee of a credit institution established in a Member State and canvassing for clients in another Member State — National legislation on banking secrecy — Refusal to answer questions and to give evidence in a judicial investigation)

C 19/2                    EN                       Official Journal of the European Communities                                          25.1.2003
a preliminary ruling in the proceedings pending before that                                    JUDGMENT OF THE COURT
court between Universale-Bau AG, Bietergemeinschaft: 1. Hin-
teregger & Söhne Bauges.mbH Salzburg, 2. ÖSTU-STETTIN
Hoch- und Tiefbau GmbH, and Entsorgungsbetriebe Sim-
mering GesmbH, on the interpretation of Article 1(a), (b) and                                        of 10 December 2002
(c) of Council Directive 93/37/EEC of 14 June 1993 concerning
the coordination of procedures for the award of public works
contracts (OJ 1993 L 199, p. 54), and Council Directive 89/
665/EEC of 21 December 1989 on the coordination of the                        in Case C-153/00 (Reference for a preliminary ruling from
laws, regulations and administrative provisions relating to the               the Onderzoeksrechter in de Rechtbank van eerste aanleg
application of review procedures to the award of public supply                              te Turnhout): Paul der Weduwe ( 1)
and public works contracts (OJ 1989 L 395, p. 33), 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 (OJ 1992 L 209, p. 1), the Court (Sixth Chamber),                   (Freedom to provide services — Banking activities —
composed of: J.-P. Puissochet, President of the Chamber,                      Employee of a credit institution established in a Member
R. Schintgen, C. Gulmann, V. Skouris (Rapporteur), and                        State and canvassing for clients in another Member State —
F. Macken, Judges; S. Alber, Advocate General; H.A. Rühl,                     National legislation on banking secrecy — Refusal to answer
Principal Administrator, for the Registrar, has given a judgment                 questions and to give evidence in a judicial investigation)
on 12 December 2002, in which it has ruled:
                                                                                                         (2003/C 19/03)
1.     A body which was not established to satisfy specific needs in
       the general interest not having an industrial or commercial
       character, but which has subsequently taken responsibility for
       such needs, which it has since satisfied, fulfils the requirement                           (Language of the case: Dutch)
       of the first indent of the second subparagraph of Article 1(b) of
       Council Directive 93/37/EEC of 14 June 1993 concerning the
       coordination of procedures for the award of public works
       contracts so as to be regarded as a body governed by public law        (Provisional translation; the definitive translation will be published
       within the meaning of that provision, on condition that the                                in the European Court Reports)
       assumption of responsibility for the satisfaction of those needs
       can be established objectively.
2.     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     In Case C-153/00: Reference to the Court under Article 234
       award of public supply and public works contracts, as amended          EC by the Onderzoeksrechter in de Rechtbank van eerste
       by Council Directive 92/50/EEC of 18 June 1992 relating to             aanleg te Turnhout (Belgium) for a preliminary ruling in
       the coordination of procedures for the award of public service         the criminal proceedings before that court against Paul der
       contracts, does not preclude national legislation which provides       Weduwe, on the interpretation of Article 49 EC, the Court,
       that any application for review of a contracting authority’s           composed of: J.-P. Puissochet, President of the Third and
       decision must be commenced within a time-limit laid down to            the Sixth Chambers, acting for the President, M. Wathelet,
       that effect and that any irregularity in the award procedure           R. Schintgen and C.W.A. Timmermans (Presidents of Cham-
       relied upon in support of such application must be raised within       bers), C. Gulmann, D.A.O. Edward, A. La Pergola (Rapporteur),
       the same period, if it is not to be out of time, with the result       P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr and
       that, when that period has passed, it is no longer possible to         J.N. Cunha Rodrigues, Judges; P. Léger, Advocate General;
       challenge such a decision or to raise such an irregularity,            H.A. Rühl, Principal Administrator, for the Registrar, has given
       provided that the time-limit in question is reasonable.                a judgment on 10 December 2002, in which it has ruled:
3.     Directive 93/37 is to be interpreted as meaning that where, in
       the context of a restricted procedure, the contracting authority       The reference for a preliminary ruling by the Onderzoeksrechter in de
       has laid down in advance the rules for weighting the criteria for      Rechtbank van eerste aanleg te Turnhout (Belgium), by order of
       selecting the candidates who will be invited to tender, it is          13 April 2000, is inadmissible.
       obliged to state them in the contract notice or tender documents.
                                                                              (1 ) OJ C 192 of 8.7.2000.
( 1) OJ C 63 of 4.3.2000.