CELEX: C2003/007/18
Language: en
Date: 2003-01-11 00:00:00
Title: Case C-379/02: Reference for a preliminary ruling by the Østre Landsret by order of that Court of 15 October 2002 in the case of Skatteministeriet against Imexpo Trading A/S

11.1.2003              EN                    Official Journal of the European Communities                                       C 7/11
Reference for a preliminary ruling by the Østre Landsret                Reference for a preliminary ruling by the Unabhängiger
by order of that Court of 15 October 2002 in the case of                Verwaltungssenat des Landes Vorarlberg by order of
        Skatteministeriet against Imexpo Trading A/S                    that Court of 15 October 2002 in the case of Fantom
                                                                         Gebäudereinigung Gesellschaft GmbH against Dornbirn
                         (Case C-379/02)
                                                                                                  (Case C-380/02)
                          (2003/C 7/18)
                                                                                                   (2003/C 7/19)
Reference has been made to the Court of Justice of the
European Communities by order of the Østre Landsret of                  Reference has been made to the Court of Justice of the
15 October 2002, received at the Court Registry on 21 October           European Communities by order of the Unabhängiger Verwal-
2002, for a preliminary ruling in the case of Skatteministeriet         tungssenat des Landes Vorarlberg (independent administrative
against Imexpo Trading A/S on the following question:                   chamber for Vorarlberg) of 15 October 2002, received at the
                                                                        Court Registry on 21 October 2002, for a preliminary ruling
                                                                        in the case of Fantom Gebäudereinigung Gesellschaft GmbH
Must Annex I to Council Regulation (EEC) No 2658/87 ( 1) of             against Dornbirn on the following questions:
23 July 1987 on the tariff and statistical nomenclature, as
amended by Commission Regulation (EC) No 1734/96 ( 2) of
9 September 1996, Commission Regulation (EC) No 2086/
97 (3) of 4 November 1997, Commission Regulation (EC)
No 2261/98 ( 4) of 26 October 1998 and Commission Regu-                 Question 1
lation (EC) No 2204/99 (5) of 12 October 1999, be construed
as meaning that chairmats consisting of loose sheets of clear
plastic                                                                 Is Article 1(3) of Council Directive 89/665/EEC of 21 Decem-
                                                                        ber 1989 on the coordination of the laws, regulations and
—     with straight, round or bevelled sides, which may be              administrative provisions relating to the application of review
      machine-milled or cast                                            procedures to the award of public supply and public works
                                                                        contracts (1) to be interpreted as meaning that under it
                                                                        entitlement to apply for a review procedure is available to any
—     with grippers on the under side for carpeted floors and           person seeking to receive a specific public contract whose
      without grippers for wooden and other hard-surface                award is pending, irrespective of whether such person has
      floors,                                                           suffered or may suffer loss as a result of the infringement of
                                                                        the law alleged?
—     with or without anti-slip film,
—     with or without a punched handle,
                                                                        Question 2
—     which are used as mats for chairs in order to protect the
      existing floor covering or for reasons of ergonomics,
                                                                        In the event that the answer to Question 1 is no:
—     and which are further described in the attached brochure
      (Annex 1),
                                                                        Is the abovementioned provision of the directive to be
were to be classified, over the period from 15 July 1997 to             construed as meaning that, where a bid was not eliminated by
20 March 2000, as floor coverings of plastics under tariff              the contracting authority but the review body assumes and
subheading 3918 10 90 90 in Chapter 39 or as furniture of               establishes as a preliminary matter that the bid had properly
plastics under tariff subheading 9403 70 90 00 in Chapter 94?           to be eliminated, an alleged infringement of the law — namely
                                                                        the contracting authority’s acceptance of another bid as the
                                                                        best bid, has occasioned or may occasion loss to the bidder
                                                                        concerned, and the review procedure must therefore be
( 1) OJ L 256, p. 1.                                                    available to that bidder?
( 2) OJ L 238, p. 1.
( 3) OJ L 312, p. 1.
( 4) OJ L 292, p. 1.
( 5) OJ L 278, p. 1.                                                    (1 ) OJ L 395 [1989], p. 33.