CELEX: C2002/191/06
Language: en
Date: 2002-08-10 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 18 June 2002 in Case C-92/00 (Reference for a preliminary ruling from the Vergabekontrollsenat des Landes Wien): Hospital Ingenieure Krankenhaustechnik Planungs-GmbH (HI) v Stadt Wien (Public service contracts — Directive 92/50/EEC — Procedure for the award of public service contracts — Directive 89/665/EEC — Scope — Decision to withdraw an invitation to tender — Judicial review — Scope)

C 191/4                  EN                       Official Journal of the European Communities                                           10.8.2002
                  JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                                                                                                       (Sixth Chamber)
                           of 25 June 2002
                                                                                                        of 18 June 2002
in Case C-66/00 (Reference for a preliminary ruling from
             the Tribunale di Parma): Dante Bigi (1)                         in Case C-92/00 (Reference for a preliminary ruling from
                                                                             the Vergabekontrollsenat des Landes Wien): Hospital
                                                                             Ingenieure Krankenhaustechnik Planungs-GmbH (HI) v
                                                                                                         Stadt Wien (1)
(Regulation (EEC) No 2081/92 — Protection of geographical
indications and designations of origin of agricultural prod-
ucts and foodstuffs — Article 13 — System of derogations                     (Public service contracts — Directive 92/50/EEC — Pro-
                               — Scope)                                      cedure for the award of public service contracts — Directive
                                                                             89/665/EEC — Scope — Decision to withdraw an invitation
                                                                                           to tender — Judicial review — Scope)
                           (2002/C 191/05)
                                                                                                        (2002/C 191/06)
                     (Language of the case: Italian)                                             (Language of the case: German)
                                                                             (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published                           in the European Court Reports)
                    in the European Court Reports)
                                                                             In Case C-92/00: Reference to the Court under Article 234 EC
                                                                             by the Vergabekontrollsenat des Landes Wien (Austria) for a
In Case C-66/00: Reference to the Court under Article 234 EC                 preliminary ruling in the proceedings pending before that court
by the Tribunale di Parma (Italy) for a preliminary ruling in the            between Hospital Ingenieure Krankenhaustechnik Planungs-
criminal proceedings before that court against Dante Bigi,                   GmbH (HI) and Stadt Wien, on the interpretation of
third party: Consorzio del Formaggio Parmigiano Reggiano,                    Article 2(1)(b) of Council Directive 89/665/EEC of 21 Decem-
on the interpretation of Article 13 of Council Regulation (EEC)              ber 1989 on the coordination of the laws, regulations and
No 2081/92 of 14 July 1992 on the protection of geographical                 administrative provisions relating to the application of review
indications and designations of origin for agricultural products             procedures to the award of public supply and public works
and foodstuffs (OJ 1992 L 208, p. 1), as amended by Council                  contracts (OJ 1989 L 395, p. 33), as amended by Council
Regulation (EC) No 535/97 of 17 March 1997 (OJ 1997 L 83,                    Directive 92/50/EEC of 18 June 1992 relating to the coordi-
p. 3), the Court, composed of: G.C. Rodrı́guez Iglesias,                     nation of procedures for the award of public service contracts
President, P. Jann, F. Macken, N. Colneric and S. von Bahr                   (OJ 1992 L 209, p. 1) and of Directive 92/50 in the version
(Presidents of Chambers), D.A.O. Edward (Rapporteur),                        thereof resulting from European Parliament and Council
J.-P. Puissochet, V. Skouris and J.N. Cunha Rodrigues, Judges;               Directive 97/52/EC of 13 October 1997 amending Directives
P. Léger, Advocate General; L. Hewlett, Administrator, for the               92/50/EEC, 93/36/EEC and 93/37/EEC concerning the coordi-
Registrar, has given a judgment on 25 June 2002, in which it                 nation of procedures for the award of public service contracts,
has ruled:                                                                   public supply contracts and public works contracts respectively
                                                                             (OJ 1997 L 328, p. 1), the Court (Sixth Chamber), composed
                                                                             of: F. Macken, President of the Chamber, C. Gulmann,
On a proper construction of Article 13(2) of Council Regulation              J.-P. Puissochet, V. Skouris (Rapporteur), and J.N. Cunha
(EEC) No 2081/92 of 14 July 1992 on the protection of                        Rodrigues, Judges; A. Tizzano, Advocate General; R. Grass,
geographical indications and designations of origin for agricultural         Registrar, has given a judgment on 18 June 2002, in which it
products and foodstuffs, as amended by Council Regulation (EC)               has ruled:
No 535/97 of 17 March 1997, products are not covered by the
system of derogations set up by Article 13(2) where they originate in        1.    Article 1(1) of Council Directive 89/665/EEC of 21 December
the State of the protected designation of origin the protection of which           1989 on the coordination of the laws, regulations and
under Article 13(1)(a) and (b) of Regulation No 2081/92, as                        administrative provisions relating to the application of review
amended, is at issue and they do not meet the product specification                procedures to the award of public supply and public works
for that protected designation of origin.                                          contracts, as amended by Council Directive 92/50/EEC of
                                                                                   18 June 1992 relating to the coordination of procedures for
                                                                                   the award of public service contracts, requires the decision of the
                                                                                   contracting authority to withdraw the invitation to tender for a
(1) OJ C 149 of 27.5.2000.                                                         public service contract to be open to a review procedure, and to
                                                                                   be capable of being annulled where appropriate, on the ground
                                                                                   that it has infringed Community law on public contracts or
                                                                                   national rules implementing that law.
 ---pagebreak--- 10.8.2002                 EN                       Official Journal of the European Communities                                            C 191/5
2.    Directive 89/665, as amended by Directive 92/50, precludes              1.    Dismisses the action;
      national legislation from limiting review of the legality of the
      withdrawal of an invitation to tender to mere examination of
                                                                              2.    Orders the Federal Republic of Germany to pay the costs.
      whether it was arbitrary.
3.    Determination of the time to be taken into consideration for
      assessing the legality of the decision by the contracting authority     (1) OJ C 247 of 26.8.2000.
      to withdraw an invitation to tender is a matter for national
      law, provided that the relevant national rules are not less
      favourable than those governing similar domestic actions and
      that they do not make it practically impossible or excessively
      difficult to exercise rights conferred by Community law.
(1) OJ C 149 of 27.5.2000.
                                                                                               JUDGMENT OF THE COURT
                                                                                                        (Sixth Chamber)
                                                                                                        of 27 June 2002
                   JUDGMENT OF THE COURT
                            of 18 June 2002                                   in Case C-258/00: Commission of the European Communi-
                                                                                                   ties v French Republic (1)
in Case C-242/00: Federal Republic of Germany v Com-
           mission of the European Communities (1)                            (Failure to fulfil obligations — Directive 91/676/EEC —
                                                                              Protection of waters against pollution caused by nitrates
                                                                              from agricultural sources — Identification of waters affected
(State aid — Proposed aid — Commission decision holding                              by pollution — Designation of vulnerable zones)
aid to be compatible with the common market — Measure
not having an adverse effect — Regional aid — Definition
                           of eligible regions)                                                         (2002/C 191/08)
                            (2002/C 191/07)
                                                                                                  (Language of the case: French)
                     (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-258/00, Commission of the European Communities
In Case C-242/00, Federal Republic of Germany (Agent:                         (Agent: M. Nolin) v French Republic (Agent: J.-F. Dobelle and
W.-D. Plessing, assisted by R. M. Bierwagen) v Commission of                  D. Colas, and, subsequently, G. de Bergues and D. Colas),
the European Communities (Agents: K.-D. Borchardt and                         supported by Kingdom of Spain (Agent: S. Ortiz Vaamonde):
J. Macdonald Flett): Application for the annulment of Com-                    Application for a declaration that, by failing to take the
mission Decision 2001/272/EC of 14 March 2000 on the                          appropriate steps to identify waters affected by pollution
redefinition of assisted areas under the joint Federal Govern-                and, consequently, to designate the corresponding vulnerable
ment/Länder scheme for improving regional economic struc-                     zones, in accordance with Article 3 of and Annex I to Council
tures in Germany for the period 1 January 2000 to 31 Decem-                   Directive 91/676/EEC of 12 December 1991 concerning the
ber 2003 — West Germany and Berlin (OJ 2001 L 97, p. 27),                     protection of waters against pollution caused by nitrates from
the Court, composed of: G.C. Rodrı́guez Iglesias, President,                  agricultural sources (OJ 1991 L 375, p. 1), the French Republic
P. Jann, F. Macken and N. Colneric (Presidents of Chambers),                  has failed to fulfil its obligations under that directive, the
C. Gulmann, D.A.O. Edward, J.-P. Puissochet (Rapporteur),                     Court (Sixth Chamber), composed of: F. Macken (Rapporteur),
M. Wathelet, R. Schintgen, V. Skouris and C.W.A. Timmer-                      President of the Chamber, N. Colneric, C. Gulmann,
mans, Judges; J. Mischo, Advocate General; H.A. Rühl, Principal               R. Schintgen and J.N. Cunha Rodrigues, Judges; L.A. Geelhoed,
Administrator, for the Registrar, has given a judgment on                     Advocate General; L. Hewlett, Administrator, for the Registrar,
18 June 2002, in which it has ruled:                                          has given a judgment on 27 June 2002, in which it: