CELEX: C1998/397/34
Language: en
Date: 1998-12-19 00:00:00
Title: Reference for a preliminary ruling by the High Court of Justice (England and Wales), Queen's Bench Division, Divisional Court, by order of that Court of 21 July 1998, in the case of The Queen and H. M. Treasury, ex parte: The University of Cambridge (Case C-380/98)

C 397/20             EN                   Official Journal of the European Communities                                        19.12.98
     Is Article 92 of the EC Treaty to be interpreted as                  (a) awards or grants paid by one or more contracting
     meaning that the underlying concept of aid also                           authorities for the support of research work;
     covers national rules which merely govern the
     apportionment of the costs between undertakings at
                                                                          (b) consideration paid by one or more contracting
     the various production levels which have arisen
                                                                               authorities for the supply of services comprising
     through purchasing obligations and minimum prices,
                                                                               research work;
     where the legislature's approach creates in practice a
     permanent burden for which the undertakings affected
     obtain no consideration?                                             (c) consideration paid by one or more contracting
                                                                               authorities for the supply of other services, such
                                                                               as consultancy or the organisation of conferences;
(b) In the event that the second question is answered in
     the negative in respect of Paragraph 4 of the Law on
     the supply of electricity, is Article 93(3) of the EC                (d) student grants paid by local education authorities
     Treaty to be interpreted as meaning that its restrictive                  to universities in respect of tuition for named
     effects apply not only to the benefit itself but also to                  students.
     implementing rules such as Paragraph 4 of the Law
     on the supply of electricity?
                                                                     2. What percentage or other meaning is to be given to
                                                                          the expression for the most part' in Article 1 of the
(c) In the event that questions (a) and (b) are answered in               Directives?
     the negative, is Article 30 of the EC Treaty to be
     interpreted as meaning that a quantitative restriction
     on imports Ð and/or a measure having equivalent                 3. If the expression for the most part' is defined in terms
     effect as between Member States for the purposes of                  of a percentage figure, is the calculation limited to
     the aforementioned provision Ð arises where a                        considering sources of finance for academic and
     provision of national law places undertakings under                  related purposes or should it include finance obtained
     an obligation to purchase electricity produced from                  in relation to commercial activities as well?
     renewable energy sources at minimum prices and
     requires grid operators to meet the costs entailed for
     no consideration?                                               4. Over what period should any calculation be made for
                                                                          determining whether a university is a contracting
                                                                          authority' in respect of any particular procurement,
                                                                          and how are foreseeable or future changes to be taken
                                                                          into account?
                                                                     (1) Council Directive 92/50/EEC of 18 June 1992, relating to the
Reference for a preliminary ruling by the High Court of                  coordination of procedures for the award of public service
Justice (England and Wales), Queen's Bench Division,                     contracts (OJ L 209, 24.7.1992, p. 1).
Divisional Court, by order of that Court of 21 July 1998,            (2) Council Directive 93/37/EEC of 14 June 1993, concerning the
in the case of The Queen and H. M. Treasury, ex parte:                   coordination of procedures for the award of public works
                The University of Cambridge                              contracts (OJ L 199, 9.8.1993, p. 54).
                                                                     (3) Council Directive 93/36/EEC of 14 June 1993 coordinating
                      (Case C-380/98)                                    procedures for the award of public supply contracts (OJ L 199,
                                                                         9.8.1993, p. 1).
                       (98/C 397/34)
Reference has been made to the Court of Justice of the
European Communities by an order of the High Court of
Justice (England and Wales), Queen's Bench Division,
Divisional Court, of 21 July 1998, which was received at             Reference for a preliminary ruling by the Court of Appeal
the Court Registry on 26 October 1998, for a preliminary             (England and Wales), by order of that Court of 31 July
ruling in the case of The Queen and H. M. Treasury, ex               1998, in the case of Ingmar GB Limited against Eaton
parte: The University of Cambridge, on the following                                     Leonard Technologies Inc
questions:
                                                                                             (Case C-381/98)
1. Where Article 1 of Council Directive 92/50/EEC (1),                                        (98/C 397/35)
    Council Directive 93/37/EEC (2) and Council Directive
    93/36/EEC (3) (the Directives') refers to any body
    financed, for the most part, by the state, or regional          Reference has been made to the Court of Justice of the
    or local authorities, or other bodies governed by                European Communities by an order of the Court of
    public law' what monies are to be included in the                Appeal (England and Wales), of 31 July 1998, which was
    expression financed . . . by (Zone or more contracting          received at the Court Registry on 26 October 1998, for a
    authorities)'? In particular, in relation to payments to         preliminary ruling in the case of Ingmar GB Limited
    an entity such as the University of Cambridge, does              against Eaton Leonard Technologies Inc, on the following
    the expression include:                                          questions: