CELEX: C2004/300/109
Language: en
Date: 2004-12-04 00:00:00
Title: Correction to the Official Journal notice in Case C-310/01 (Official Journal of the European Union C 55 of 8 March 2003)

4.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 300/56
            
         Correction to the Official Journal notice in Case C-310/01
   
      (Official Journal of the European Union C 55 of 8 March 2003)
   
   (2004/C 300/109)
   In the Official Journal notice in Case C-310/01 Comune di Udine, Azienda Multiservizi SpA (AMGA) and Diddi Dino Figli Srl, Associazione Nazionale Imprese Gestione servizi tecnici integrati (AGESI), the text should be replaced by the following:
   
      ORDER OF THE COURT
      (Fourth Chamber)
      of 14 November 2002
      (reference for a preliminary ruling from the Consiglio di Stato): Comune di Udine, Azienda Multiservizi SpA (AMGA) and Diddi Dino Figli Srl, Associazione Nazionale Imprese Gestione servizi tecnici integrati (AGESI) (1)
      
      (Article 104(3) of the Rules of Procedure - Question to which the answer may be clearly deduced from the case-law - Directive 92/50/EEC - Public contracts concerning both products and services - Value of the products greater than that of the services - Application of Directive 93/36/EEC)
      (2003/C 55/50)
      Language of the case: Italian
      In Case C-310/01: reference to the Court under Article 234 EC from the Consiglio di Stato (Italy) for a preliminary ruling in the proceedings pending before that court between Comune di Udine, Azienda Multiservizi SpA (AMGA) and Diddi Dino Figli Srl, Associazione Nazionale Imprese Gestione servizi tecnici integrati (AGESI) — on the interpretation of Articles 1(b), 2 and 6 of 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 (Fourth Chamber), composed of: C.W.A. Timmermans (Rapporteur), President of the Chamber, D.A.O. Edward and S. von Bahr, Judges; S. Alber, Advocate General; R. Grass, Registrar, has made an order on 11 November 2002, in which it has ruled:
      Article 2 of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts must be interpreted as meaning that that directive does not apply to a public contract which concerns both products within the meaning of Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts and services within the meaning of Directive 92/50 if the value of the products included in the contract is greater than that of the services provided.
      Directive 93/36 applies to such a contract unless the contracting authority exercises over the supplier a control which is similar to that which it exercises over its own departments and the supplier carries out the essential parts of its activities with the controlling contracting authority or authorities.
   
   
      (1)  OJ C 289 of 13.10.2001.