CELEX: C2000/034/10
Language: en
Date: 2000-02-05 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 28 October 1999 in Case C-81/98 (reference for a preliminary ruling from the Bundesvergabeamt): Alcatel Austria AG and Others, Siemens AG Österreich, Sag-Schrack Anlagentechnik AG v Bundesministerium für Wissenschaft und Verkehr (Public procurement — Procedure for the award of public supply and works contracts — Review procedure)

C 34/6                   EN                     Official Journal of the European Communities                                           5.2.2000
                  JUDGMENT OF THE COURT                                                     JUDGMENT OF THE COURT
                          (Sixth Chamber)
                                                                                                    (Sixth Chamber)
                        of 28 October 1999
in Case C-81/98 (reference for a preliminary ruling from                                          of 28 October 1999
the Bundesvergabeamt): Alcatel Austria AG and Others,
Siemens AG Österreich, Sag-Schrack Anlagentechnik AG
  v Bundesministerium für Wissenschaft und Verkehr (1)                     in Case C-187/98: Commission of the European Communi-
                                                                                              ties v Hellenic Republic (1)
(Public procurement — Procedure for the award of public
      supply and works contracts — Review procedure)
                                                                           (Failure by a Member State to fulfil its obligations —
                           (2000/C 34/10)                                  Article 119 of the EC Treaty (Articles 117 to 120 of the EC
                                                                           Treaty have been replaced by Articles 136 EC to 143 EC) —
                                                                           Directives 75/117/EEC and 79/7/EEC — Equal pay for men
                   (Language of the case: German)                          and women — Family and marriage allowances — Old-age
                                                                           pensions — Calculation — Failure to abolish discriminatory
(Provisional translation; the definitive translation will be published                          conditions retroactively)
                    in the European Court Reports)
In Case C-81/98: reference to the Court under Article 177 of                                         (2000/C 34/11)
the EC Treaty (now Article 234 EC) from the Bundesverga-
beamt (Federal Procurement Office) (Austria) for a preliminary
ruling in the proceedings pending before that court between
Alcatel Austria AG and Others, Siemens AG Österreich,                                         (Language of the case: Greek)
Sag-Schrack Anlagentechnik AG and Bundesministerium für
Wissenschaft und Verkehr — on the interpretation of Council
Directive 89/665/EEC of 21 December 1989 on the coordi-
nation of the laws, regulations and administrative provisions              (Provisional translation; the definitive translation will be published
relating to the application of review procedures to the award                                 in the European Court Reports)
of public supply and public works contracts (OJ 1989 L 395,
p. 33) — the Court (Sixth Chamber), composed of: P.J.G. Kap-
teyn (Rapporteur), acting for the President of the Chamber,                In Case C-187/98: Commission of the European Communities
G. Hirsch and H. Ragnemalm, Judges; J. Mischo, Advocate                    (Agent: D. Gouloussis) v Hellenic Republic (Agents: I. Galani-
General; H.A. Rühl, Principal Administrator, for the Registrar,            Maragkoudaki and S. Vodina) — Application for a declaration
has given a judgment on 28 October 1999, in which it has                   that, by failing to abolish with retroactive effect, from the date
ruled:                                                                     of entry into force in Greece of Article 119 of the EC Treaty
                                                                           (Articles 117 to 120 of the EC Treaty have been replaced by
1. The combined provisions of Article 2(1)(a) and (b) and the              Articles 136 EC to 143 EC), Article 3 of Council Directive
    second subparagraph of Article 2(6) of Council Directive               75/117/EEC of 10 February 1975 on the approximation of
    89/665/EEC of 21 December 1989 on the coordination of the              the laws of the Member States relating to the application of
    laws, regulations and administrative provisions relating to the        the principle of equal pay for men and women (OJ 1975 L 45,
    application of review procedures to the award of public supply         p. 19), and Article 4(1) of Council Directive 79/7/EEC of
    and public works contracts must be interpreted as meaning that         19 December 1978 on the progressive implementation of the
    the Member States are required to ensure that the contracting          principle of equal treatment for men and women in matters of
    authority’s decision prior to the conclusion of the contract as to     social security (OJ 1979 L 6, p. 24), regulations which impose
    the bidder in a tender procedure with which it mill conclude the       on married female workers conditions which are not imposed
    contract is in all cases open to review in a procedure whereby an      on their married male counterparts in respect of the grant to
    applicant may have that decision set aside if the relevant             them as employees of family or marriage allowances which
    conditions are met, notwithstanding the possibility, once the          are taken into account in determining their income for the
    contract has been concluded, of obtaining an award of damages.         purposes of calculating pension rights, the Hellenic Republic
                                                                           has failed to fulfil its obligations under the said provisions of
2. Article 2(1)(a) and (b) of Directive 89/665 cannot be interpreted       Community law — the Court (Sixth Chamber) composed
    to the effect that, even where there is no award decision which        of P.J.G. Kapteyn, President of the Chamber, G. Hirsch and
    may be the subject of an application to have it set aside, the         H. Ragnemalm (Rapporteur), Judges, Advocate General:
    bodies in the Member States having power to review public              N. Fennelly, H.A. Rühl, Principal Administrator, for the Regis-
    procurement procedures may hear applications under the con-            trar has given a judgment on 28 October 1999, in which it:
    ditions laid down in that provision.
                                                                           1. Declares that, by failing to abolish with retroactive effect, from
(1) OJ C 209 of 4.7.1998.                                                      the date of entry into force in Greece of Article 119 of the EC
                                                                               Treaty (Articles 117 to 120 of the EC Treaty have been replaced
                                                                               by Articles 136 EC to 143 EC), Article 3 of Council Directive