CELEX: C2002/323/20
Language: en
Date: 2002-12-21 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 14 November 2002 in Case C-411/00 (Reference for a preliminary ruling from the Bundesvergabeamt): Felix Swoboda GmbH v Österreichische Nationalbank, (Public service contracts — Directive 92/50/EEC — Scope ratione materiae — Moving offices of a central bank — Contract relating to both services listed in Annex I A to Directive 92/50 and services listed in Annex I B to that directive — Predominance in value terms of services listed in Annex I B)

21.12.2002               EN                       Official Journal of the European Communities                                                C 323/17
2.    On a proper construction of Article 73 of Regulation No 1408/                directive does not depend on the main purpose of those contracts
      71, as amended and updated by Regulation No 118/97, if the                   and is to be made in accordance with the unequivocal test laid
      grant of a benefit such as the home child-care allowance in the              down by Article 10 of that directive.
      main proceedings depends on the child’s actual residence in the
      territory of the competent Member State, that condition must           2.    In the award of a contract with a single object but composed of
      be held to be satisfied where the child resides in the territory of          several services, the classification of those services in Annexes I A
      another Member State.                                                        and I B to Directive 92/50, far from depriving it of its
                                                                                   effectiveness, is in accordance with the system laid down by the
                                                                                   directive. When, following the classification thus made by
( 1) OJ C 335 of 25.11.2000.                                                       reference to the nomenclature of the United Nations Common
                                                                                   Product Classification, the value of the services falling within
                                                                                   Annex I B exceeds the value of the services falling within
                                                                                   Annex I A, there is no obligation on the part of the contracting
                                                                                   authority to separate from the contract in question the services
                                                                                   referred to in Annex I B and to award separate contracts in
                                                                                   respect of them.
                  JUDGMENT OF THE COURT                                      3.    It is for the national court to determine the regime applicable to
                                                                                   the contract forming the object of the procedure at issue in the
                           (Fifth Chamber)                                         main proceedings on the basis of Article 10 of Directive 92/
                                                                                   50, in particular by verifying that the services which make up
                                                                                   that contract and the reference numbers of the nomenclature of
                       of 14 November 2002                                         the United Nations Common Product Classification correspond.
                                                                                   In any case, Category 20 of Annex I B to Directive 92/50
in Case C-411/00 (Reference for a preliminary ruling                               cannot be interpreted as also including land transport services
from the Bundesvergabeamt): Felix Swoboda GmbH v                                   in themselves, as they are explicitly covered by Category 2 of
                Österreichische Nationalbank (1),                                  Annex I A to the Directive.
(Public service contracts — Directive 92/50/EEC — Scope                      (1 ) OJ C 28 of 27.1.2001.
ratione materiae — Moving offices of a central bank —
Contract relating to both services listed in Annex I A to
Directive 92/50 and services listed in Annex I B to that
directive — Predominance in value terms of services listed in
                              Annex I B)
                                                                                                JUDGMENT OF THE COURT
                           (2002/C 323/20)
                                                                                                         (Sixth Chamber)
                    (Language of the case: German)                                                   of 14 November 2002
(Provisional translation; the definitive translation will be published       in Case C-435/00 (Reference for a preliminary ruling from
                    in the European Court Reports)                           the Diikitiko Protodikio Rodou ): Geha Naftiliaki EPE,
                                                                             Total Scope NE, Stavros Georgiou, Charalambis Bros
                                                                             OE, Anastasios Charalambis, Nikolaos Sarlis, Dimitrios
                                                                             Kattidenios, Antonios Charalambis, Vasilios Dimitrako-
In Case C-411/00: Reference to the Court under Article 234                   poulos v NPDD Limeniko Tamio Dodekanisou, Elliniko
EC by the Bundesvergabeamt (Austria) for a preliminary ruling                                               Dimosio (1)
in the proceedings pending before that court between Felix
Swoboda GmbH and Österreichische Nationalbank, on the                        (Transport — Maritime transport — Freedom to provide
interpretation of Council Directive 92/50/EEC of 18 June                     services — Restriction — National legislation applicable to
1992 relating to the coordination of procedures for the                      all persons providing services, irrespective of their national-
award of public service contracts (OJ 1992 L 209, p. 1),                     ity, that distinguishes between domestic or intra-Community
the Court (Fifth Chamber), composed of: M. Wathelet, Presi-                              transport and transport to third countries)
dent of the Chamber, C. W. A. Timmermans (Rapporteur),
D. A. O. Edward, P. Jann and S. von Bahr, Judges; J. Mischo,                                             (2002/C 323/21)
Advocate General; M.-F. Contet, Administrator, for the Regis-
trar, has given a judgment on 14 November 2002, in which it                                        (Language of the case: Greek)
has ruled:
                                                                             (Provisional translation; the definitive translation will be published
1.    The determination of the regime applicable to public service                                in the European Court Reports)
      contracts composed partly of services falling within Annex I A
      to Council Directive 92/50/EEC of 18 June 1992 relating to
      the coordination of procedures for the award of public service         In Case C-435/00: Reference to the Court under Article 234
      contracts and partly of services falling within Annex I B to the       EC by the Diikitiko Protodikio Rodou (Greece) for a prelimi-