CELEX: C2003/101/05
Language: en
Date: 2003-04-26 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 27 February 2003 in Case C-327/00 (Reference for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia): Santex SpA v Unità Socio Sanitaria Locale n. 42 di Pavia (Directive 93/36/EEC — Public supply contracts — Directive 89/665/EEC — Review procedures applicable to public contracts — Limitation period — Principle of effectiveness)

26.4.2003                 EN                           Official Journal of the European Union                                                  C 101/3
4.    Where it appears that the institution of the place of stay has           before that court between Santex SpA and Unità Socio
      wrongly refused to provide the benefits in kind referred to in           Sanitaria Locale n. 42 di Pavia, interveners: Sca Mölnlycke
      Article 31 of Regulation No 1408/71, as amended and                      SpA, Artsana SpA and Fater SpA, on the interpretation of
      updated by Regulation No 2001/83, as amended by Regu-                    Article 22 of Council Directive 93/36/EEC of 14 June 1993
      lation No 3096/95, and the institution of the place of                   coordinating procedures for the award of public supply
      residence, on being advised of that refusal, has declined to             contracts (OJ 1993 L 199, p. 1) and Article 6(2) EU, the Court
      contribute, as it is obliged to, to facilitating the correct             (Sixth Chamber), composed of: J.-P. Puissochet, President of
      application of that provision, it is for the latter institution,         the Chamber, R. Schintgen and V. Skouris (Rapporteur),
      without prejudice to the possible liability of the institution of        F. Macken and J.N. Cunha Rodrigues, Judges; S. Alber, Advocate
      the place of stay, to reimburse directly to the insured person the       General; H.A. Rühl, Principal Administrator, for the Registrar,
      cost of the treatment he has had to bear, so as to guarantee him         has given a judgment on 27 February 2003, in which it has
      a level of funding equivalent to that which he would have                ruled:
      enjoyed had the provisions of that article been complied with.
                                                                               Council Directive 89/665/EEC of 21 December 1989 on the
5.    In the latter case, Articles 31 and 36 of Regulation No 1408/            coordination of the laws, regulations and administrative provisions
      71, as amended and updated by Regulation No 2001/83, as                  relating to the application of review procedures to the award of public
      amended by Regulation No 3096/95, and Articles 31 and 93                 supply and public works contracts, as amended by Council Directive
      of Regulation No 574/72, as amended and updated by                       92/50/EEC of 18 June 1992 relating to the coordination of
      Regulation No 2001/83, as amended by Regulation                          procedures for the award of public service contracts, must be
      No 3096/95, preclude national legislation from subjecting                interpreted as imposing on the competent national courts, where it is
      such reimbursement to the obtaining of ex post facto authoris-           established that, by its conduct, a contracting authority has rendered
      ation which is granted only in so far as it is shown that the            impossible or excessively difficult the exercise of the rights conferred
      illness which necessitated the treatment in question manifested          by the Community legal order on a national of the Union who has
      itself suddenly during the stay, making that treatment immedi-           been harmed by a decision of that contracting authority, an obligation
      ately necessary.                                                         to allow as admissible pleas in law alleging that the notice of
                                                                               invitation to tender is incompatible with Community law, which are
                                                                               put forward in support of an application for review of that decision,
( 1) OJ C 335 of 25.11.2000.                                                   by availing itself, where appropriate, of the possibility afforded by
                                                                               national law of disapplying national rules on limitation periods,
                                                                               under which, when the period prescribed for bringing proceedings for
                                                                               review of the notice of invitation to tender has expired, it is no longer
                                                                               possible to plead such incompatibility.
                                                                               (1 ) OJ C 36 of 4.11.2000.
                   JUDGMENT OF THE COURT
                           (Sixth Chamber)
                                                                                                 JUDGMENT OF THE COURT
                         of 27 February 2003
                                                                                                          (Fifth Chamber)
in Case C-327/00 (Reference for a preliminary ruling from
the Tribunale amministrativo regionale per la Lombardia):                                              of 27 February 2003
Santex SpA v Unità Socio Sanitaria Locale n. 42 di Pavia (1)
                                                                               in Case C-373/00 (Reference for a preliminary ruling from
                                                                               the Vergabekontrollsenat des Landes Wien): Adolf Truley
(Directive 93/36/EEC — Public supply contracts — Directive                                   GmbH v Bestattung Wien GmbH ( 1)
89/665/EEC — Review procedures applicable to public
 contracts — Limitation period — Principle of effectiveness)                   (Directive 93/36/EEC — Public supply contracts — Concept
                                                                               of ‘contracting authority’ — Public-law body — Funeral
                            (2003/C 101/05)                                                                 undertaking)
                                                                                                          (2003/C 101/06)
                      (Language of the case: Italian)
                                                                                                   (Language of the case: German)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)                            (Provisional translation; the definitive translation will be published
                                                                                                   in the European Court Reports)
In Case C-327/00: Reference to the Court under Article 234                     In Case C-373/00: Reference to the Court under Article 234
EC by the Tribunale amministrativo regionale per la Lombardia                  EC by the Vergabekontrollsenat des Landes Wien (Austria) for
(Italy) for a preliminary ruling in the proceedings pending                    a preliminary ruling in the proceedings pending before that