CELEX: C1997/271/16
Language: en
Date: 1997-09-06 00:00:00
Title: Reference for a preliminary ruling by the Tribunale Amministrativo per la Sardegna by judgment of that court of 15-17 April 1997 in the case of Società Appia Srl v. (1) Comune di Cagliari and (2) Società Cagliari Calcio SpA (Case C-264/97)

C 271 / 10                 EN                    Official Journal of the European Communities                                      6 . 9 . 97
       application of review procedures to the award of                     Reference for a preliminary ruling by the Social Chamber
       public supply and public works contracts, from which                 of the Cour d'Appel (Court of Appeal ), Douai, by
       there derives an individual right to have review                     judgment of that court of 27 June 1997 in the case of Karl
        proceedings conducted before authorities or courts                                  Heinz Baumann v. URSSAF Lille
        which comply with the provisions of Article 2 ( 8 ) of                                        ( Case C-261 /97 )
        Directive 89/665/EEC, to be interpreted as being
        sufficiently precise and specific that, in the event of                                         ( 97/C 271/15 )
        non-transposition of the directive in question by the
        Member State, an individual may successfully assert                 Reference has been made to the Court of Justice of the
        that legal right against the Member State in legal                  European Communities by judgment of the Cour d'Appel
        proceedings ?                                                       ( Social Chamber), Douai, of 27 June 1997, received at the
                                                                            Court Registry on 21 July 1997, for a preliminary ruling
                                                                            in the case of Karl Heinz Baumann v. URSSAF Lille on the
3 . Are the provisions of Article 41 of Directive 92/50/
        EEC (2 ), in conjunction with Directive 89/665/EEC,                 following question:
        which are the basis of an individual 's right to have
        review proceedings conducted, to be interpreted as                  Is Article 14a (2 ) of Regulation ( EEC ) No 1408/71 of
        meaning that a national court with the characteristics              14 June 1971 ( J ) to be interpreted as meaning that, in
        of the Unabhangiger Verwaltungssenat fur Karnten                    order to be exempt from paying contributions in France,
        may, when conducting review proceedings on the basis                an independent worker employed in two Member States
        of national provisions such as Paragraph 59 et seq. of              and living in another Member State must be registered
        the Carinthian Auftragsvergabegesetz and the                        with a compulsory scheme for self-employed workers in
        regulations relating thereto, disregard those provisions            that other Member State ?
        if they prevent the carrying out of review proceedings
        under the Carinthian Auftragsvergabegesetz for the                  (') On the application of social security schemes to employed
        award of service contracts, and therefore nevertheless                   persons and their families moving within the Community ( OJ,
        conduct review proceedings in accordance with                            English Special Edition 1971 ( II ), p. 416 ).
        Section 8 of the Carinthian Auftragsvergabegesetz ?
4 . Are the services mentioned in the facts of the case ( 3 ),
        with reference to Article 10 of Directive 92/50/EEC, to
        be classified as services coming under Annex IA,
        Category No 12, of Directive 92/50/EEC ( architectural              Reference for a preliminary ruling by the Tribunale
        services; engineering services and integrated                       Amministrativo per la Sardegna by judgment of that court
        engineering services; urban planning and landscape                  of 15—17 April 1997 in the case of Societa Appia Sri v.
        architectural services; related scientific and technical            ( 1 ) Comune di Cagliari and ( 2 ) Società Cagliari Calcio
       consulting services; technical testing and analysis                                                    SpA
        services )?                                                                                   ( Case C-264/97 )
                                                                                                        ( 97/C 271 / 16 )
5 . Are the provisions of Directive 92/50/EEC to be
       interpreted as satisfying the conditions laid down in                Reference has been made to the Court of Justice of the
       the judgment in Case 41 /74 Van Duyn ( paragraph 12 )                European Communities by judgment of the Tribunale
       for the direct applicability of a Community directive,               Amministrativo per la Sardegna (Administrative Court,
       with the result that services coming under Annex IA of               Sardinia ) of 15—17 April 1997, received at the Court
       the directive are to be awarded under the procedure                  Registry on 21 July 1997, for a preliminary ruling in the
       therein mentioned, or are the relevant provisions of                 case of Societa Appia Sri v. ( 1 ) Comune di Cagliari
       the directive in connection with the services mentioned
                                                                            (Municipality of Cagliari ) and (2 ) Societa Cagliari Calcio
       in Annex IA capable of fulfilling the conditions laid                SpA on the following questions :
       down in the said case ?
                                                                            whether Article 8 of Council Directive 92/50 (*) and the
(') OJ L 395 , 30 . 12 . 1989, p . 33 .                                     provisions therein referred to require a public
( 2 ) OJ L 209 , 24 . 7. 1992 , p. 1 .                                      administration ( in this case a Municipality ), which intends
(3 ) Consulting engineers' services for technical advice and
      planning and the planning and processing works for the                granting a concession in respect of facilities ( in this case a
      construction of a children's hospital ( parent and child centre )     municipal stadium ) to third parties that are considered to
      at the Landeskrankenhaus Klagenfurt with the corresponding            be particularly well qualified, with a view to bringing
      out-patient facilities, operating theatre, x-ray laboratory and       them under single management, to entrust the services
      five children 's wards and a children's surgical ward with a          covered by that directive ( in this case advertising services )
      total of 132 beds and a usable area of c . 8 100 m2; planning         to be carried out within the facilities to which the
      services for the sanitary, heating and air installations with air     concession relates by means of the procedures laid down
      conditioning and the electrical and high and low-voltage              by the abovementioned Article 8 , without giving
      current installations, structural and constructional engineering
      servicds, and planning services for the medical installations.
                                                                            preference to the concessionaire; if the Court should
                                                                            consider that in such circumstances the Administration is
                                                                            required to comply with Article 8 of Directive 92/50, it is
                                                                            necessary to ascertain whether compliance with that
 ---pagebreak--- 6 . 9 . 97                EN                     Official Journal of the European Communities                                      C 271 / 11
legislation must necessarily be ensured by the Municipality                 gericht Niedersachsen ( Higher Labour Court of Lower
itself, which must proceed to announce the requisite                        Saxony ) of 8 November 1996, which were received at the
tendering procedures, or whether it may also be ensured                     Court Registry on 24 July 1997, for preliminary rulings in
by the concessionaire, to which the relevant powers are                     the cases of Deutsche Post AG v. Elisabeth Sievers ( Case
transferred; finally, if it should be considered that                       C-270/97) and Deutsche Post AG v. Brunhilde Schrage
compliance with that obligation may also be ensured by                      ( Case C-271/97) on the following questions:
the concessionaire, it is necessary to ascertain whether the
latter has the option of choosing whether to manage the
                                                                            1 . ( a ) Does Community law require precedence of
service itself or whether it must necessarily entrust it to
                                                                                       application or validity ( under the second
third parties.
                                                                                       paragraph of Article 5 and Article 189 of the EC
                                                                                       Treaty ) over national provisions of the Member
( 1 ) Council Directive 92/50/EEC of 18 June 1992, relating to the                     States which could or would be applicable, by way
      coordination of procedures for the award of public service                       of concurrence of claims, to the same factual
      contracts, OJ L 209 , 24 . 7. 1992, p. 1 .
                                                                                       situation and with the same aim of supporting
                                                                                       claims to equal treatment in occupational pension
                                                                                       schemes, as for example in Germany — generally
                                                                                       — the employment law principle of equal
                                                                                       treatment or — specifically — Paragraph 2 ( 1 ) of
                                                                                       the Beschaftigungsforderungsgesetz ( Employment
Reference for a preliminary ruling by the Cour Superieure                              Promotion Law ) 1985 ?
de Justice ( High Court of Justice ) of the Grand Duchy of
Luxembourg by judgment of that court of 26 June 1997                             ( b ) Does the precedence of Community law in such a
in the case of Eric Coursier v. Fortis Bank and Martine                                conflict, where Community law confers benefits
                         Coursier, nee Bellami                                         under occupational pension schemes only if and in
                           ( Case C-267/97 )                                           so far as they are attributable to periods of
                                                                                       employment prior to 17 May 1990, whereas the
                             ( 97/C 271/ 17)                                           national provisions regulate the same factual
                                                                                       situation differently in that they do not exclude
                                                                                       retroactive effect, apply generally ?
Reference has been made to the Court of Justice of the
European Communities by judgment of the Cour                                     ( c ) Does such precedence exist only if the economic
Superieure de Justice of the Grand Duchy of Luxembourg                                 objective of Article 119, which exists alongside the
of 26 June 1997, received at the Court Registry on 22 July                             social objective, namely the creation of equal
1997, for a preliminary ruling in the case of Eric Coursier                            competitive opportunities, is specifically affected ?
v. Fortis Bank and Martine Coursier, nee Bellami, on the
following question:
                                                                            2 . Does at least the principle, to be regarded as part of
                                                                                 Community law, that national law is to be interpreted
Does a judgment delivered in the State of origin in the                          in a Community manner consistent with EC law,
context of a court-supervised liquidation — a matter                             require national provisions on equal treatment with
which is excluded from the scope of the Brussels                                 respect to benefits from occupational pension schemes
Convention — and which is not open to recognition under                          to be interpreted and applied in harmony with the
the national law of the State in which enforcement is                            requirements and limitations ( prohibition of
sought, but which, in the State in which it was given,                           retroactive effect) of Community law ?
confers on one of the parties immunity from execution of
the judgment whose enforcement is sought, affect the
quality of enforceability which, according to the first
paragraph of Article 31 of the Convention, a judgment
must possess in order to be recognized and enforced ?
                                                                            Action brought on 28 July 1997 by the Commission of the
                                                                            European Communities against the Federal Republic of
                                                                                                          Germany
                                                                                                      Case C-272/97 )
Reference for a preliminary ruling from the                                                             97/C 271 / 19
Landesarbeitsgericht Niedersachsen by orders of that court
of 8 November 1996 in the cases of Deutsche Post AG v.
         ( 1 ) Elisabeth Sievers and (2 ) Brunhilde Schrage                 An action against the Federal Republic of Germany was
                   ( Cases C-270/97 and C-271/97 )
                                                                            brought before the Court of Justice of the European
                                                                            Communities on 28 July 1997 by the Commission of the
                               97/C 271 / 18 )                              European Communities, represented by Antonio Caeiro
                                                                            and Jiirgen Grunwald, of its Legal Service, with an
                                                                            address for service in Luxembourg at the office of Carlos
Reference has been made to the Court of Justice of the                      Gomez de la Cruz, also of its Legal Service, Wagner
European Communities by orders of the Landesarbeits­                         Centre, Kirchberg.