CELEX: C2004/007/38
Language: en
Date: 2004-01-10 00:00:00
Title: Case C-458/03: Reference for a preliminary ruling by the Verwaltungsgericht, Autonome Sektion für die Provinz Bozen by order of that Court of 27 September 2003 in the case of Parking Brixen G.m.b.H against Municipality of Brixen/Bressanone and Stadtwerke Brixen A.G.

10.1.2004              EN                       Official Journal of the European Union                                            C 7/23
—     order the Italian Republic to pay the costs.                      Reference for a preliminary ruling by the Verwaltungsge-
                                                                        richt, Autonome Sektion für die Provinz Bozen by order
                                                                        of that Court of 27 September 2003 in the case of
                                                                        Parking Brixen G.m.b.H against Municipality of Brixen/
                                                                                  Bressanone and Stadtwerke Brixen A.G.
Pleas in law and main arguments
                                                                                                 (Case C-458/03)
The period for transposition of the directive expired on 30 July
2002.
                                                                                                   (2004/C 7/38)
(1) OJ 1998 L 213, p. 13.
                                                                        Reference has been made to the Court of Justice of the
                                                                        European Communities by order of the Verwaltungsgericht,
                                                                        Autonome Sektion für die Provinz Bozen (Administrative
                                                                        Court, Autonomous Division for the Province of Bolzano) of
                                                                        27 September 2003, received at the Court Registry on
                                                                        30 October 2003, for a preliminary ruling in the case
                                                                        of Parking Brixen G.m.b.H against Municipality of Brixen/
Reference for a preliminary ruling by the Tribunale di                  Bressanone and Stadtwerke Brixen A.G. on the following
Bergamo by order of that Court of 3 August 2003 in the                  questions:
case brought by Azienda agricola Albergati Giovanni
Angelo against Agenzia Erogazioni in agricoltura ‘AGEA’
                                                                        1.   Does the award of the management of the public pay car
               and Coop. Latte 2005 S.C.A.R.L.
                                                                             parks in question concern a public service contract within
                                                                             the meaning of Directive 92/50/EEC (1) or a public service
                                                                             concession contract to which the competition rules of
                         (Case C-457/03)                                     the EC, in particular the obligation to ensure equal
                                                                             treatment and transparency, must be applied?
                          (2004/C 7/37)
                                                                        2.   If that award does concern a service concession contract
                                                                             relating to the management of a local public service, is
                                                                             the award of the management of public pay car parks
                                                                             which, under Article 44(6)(b) of Regional Law No 1 of
Reference has been made to the Court of Justice of the                       4 January 1993, as amended by Article 10 of Regional
European Communities by order of the Tribunale di Bergamo                    Law No 10 of 23 January 1998 and under Article 88(6)(a)
(Bergamo District Court) of 3 August 2003, received at the                   and (b) of the consolidated text of the provisions concern-
Court Registry on 29 October 2003, for a preliminary ruling                  ing local government, can be effected without a public
in the case brought by Azienda agricola Albergati Giovanni                   invitation to tender, compatible with Community law, in
Angelo against Agenzia Erogazioni in agricoltura ‘AGEA’ and                  particular with the principles of freedom to provide
Coop. Latte 2005 S.C.A.R.L. on the following question:                       services and freedom of competition, the prohibition of
                                                                             discrimination, and the resultant obligations to ensure
                                                                             equal treatment, transparency and proportionality, where
                                                                             a public limited company is involved which was set up
Must Article 1 of Regulation (EEC) No 856/84 (1) of 31 March                 pursuant to Article 115 of Legislative Decree No 267/
1984 and Articles 1 to 4 of Regulation No 3950/92 (2) of                     2000 by the conversion of a special undertaking of a
28 December 1992 be interpreted as meaning that the                          municipality, whose share capital at the time of the award
additional levy on milk and milk products is in the nature of                was held 100 % by the municipality itself but whose
an administrative penalty with the result that producers are                 administrative board enjoys all extensive powers of
liable to pay it only where quantities allocated have been                   routine administration up to a value of
exceeded by them intentionally or as a result of negligence?                 EURO 5 000 000,00 per transaction?
(1) OJ L 90 of 01.04.1984, p. 10.                                       (1) OJ L 209 [1992], p. 1.
(2) OJ L 405 of 31.12.1992, p. 1.