CELEX: 62009CA0134
Language: en
Date: 2010-09-30 00:00:00
Title: Case C-314/09: Judgment of the Court (Third Chamber) of 30 September 2010 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — Stadt Graz v Strabag AG, Teerag-Asdag AG, Bauunternehmung Granit GesmbH (Directive 89/665/EEC — Public procurement — Review procedures — Actions for damages — Unlawful award — National rule on liability based on a presumption that the contracting authority is at fault)

20.11.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 317/9
            
         Judgment of the Court (Third Chamber) of 30 September 2010 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — Stadt Graz v Strabag AG, Teerag-Asdag AG, Bauunternehmung Granit GesmbH
   (Case C-314/09) (1)
   
   (Directive 89/665/EEC - Public procurement - Review procedures - Actions for damages - Unlawful award - National rule on liability based on a presumption that the contracting authority is at fault)
   2010/C 317/17
   Language of the case: German
   
      Referring court
   
   Oberster Gerichtshof
   
      Parties to the main proceedings
   
   
      Applicant: Stadt Graz
   
      Defendants: Strabag AG, Teerag-Asdag AG, Bauunternehmung Granit GesmbH
   
      In the presence of: Land Steiermark
   
      Re:
   
   Reference for a preliminary ruling — Oberster Gerichtshof — Interpretation of Articles 1(1) and 2(1)(c) and (7) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ 1989 L 395, p. 33) — Award of a public contract in accordance with a decision of the appeal court which binds the contracting authority — Unlawfulness of the award of the public contract in consequence of an infringement of national legislation — Necessary conditions for an action for damages and interest — Principle of effectiveness
   
      Operative part of the judgment
   
   Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Council Directive 92/50/EEC of 18 June 1992, must be interpreted as precluding national legislation which makes the right to damages for an infringement of public procurement law by a contracting authority conditional on that infringement being culpable, including where the application of that legislation rests on a presumption that the contracting authority is at fault and on the fact that the latter cannot rely on a lack of individual abilities, hence on the defence that it cannot be held accountable for the alleged infringement.
   
      (1)  OJ C 267, 07.11.2009.