CELEX: C2000/063/20
Language: en
Date: 2000-03-04 00:00:00
Title: Case C-460/99: Action brought on 2 December 1999 by the Commission of the European Communities against the French Republic

4.3.2000              EN                    Official Journal of the European Communities                                        C 63/11
Action brought on 2 December 1999 by the Commission                    1. Does a legal person constitute a ‘contracting authority’
of the European Communities against the French Republic                     within the meaning of Article 1(b) of Directive
                                                                            93/37/EEC (1) even if it was not established for the specific
                         (Case C-460/99)                                    purpose of meeting needs in the general interest, not
                                                                            having an industrial or commercial character, but it now
                          (2000/C 63/20)                                    meets such needs?
An action against the French Republic was brought before the
Court of Justice on 2 December 1999 by the Commission of               2. If Entsorgungsbetriebe Simmering GesmbH is not a con-
the European Communities, represented by Maria Condou                       tracting authority, does the planned construction of the
Durande, of its Legal Service, acting as Agent, with an address             second biological treatment phase of the principal sewage
for service in Luxembourg at the office of Carlos Gómez de la              plant, Vienna, constitute the execution, by whatever means,
Cruz, also of its Legal Service, Wagner Centre, Kirchberg.                  of a work corresponding to the requirements specified by
                                                                            the contracting authority, and thus a ‘public works con-
The Commission of the European Communities claims that                      tract’ within the meaning of Article 1(a), in conjunction
the Court of Justice should:                                                with Article 1(c), of Directive 93/37/EEC?
— Declare that, by failing to adopt the laws, regulations
    and administrative provisions necessary to comply with             3. If Question 1 or Question 2 is answered in the affirmative,
    Council Directive 95/53/EC (1) of 25 October 1995 fixing                does Directive 89/665/EEC (2) preclude a national pro-
    the principles governing the organisation of official inspec-           vision which fixes a time-limit for the review of an
    tions in the field of animal nutrition, the French Republic             individual decision of the contracting authority so that on
    has failed to fulfil its obligations under that directive and           expiry of that time-limit the decision can no longer be
    the Treaty;                                                             challenged in the course of the ongoing contract award
                                                                            procedure? Is it necessary, on pain of forfeiture [of rights],
— Order the French Republic to pay the costs.                               for every defect to be pleaded by the persons concerned?
Contentions and principal arguments adduced in support                 4. If Question 1 or Question 2 is answered in the affirmative,
                                                                            is it sufficient for the body inviting tenders to determine
The binding nature of Articles 249 and 10 EC means that                     that the applications will be evaluated according to a
Member States to which a directive is addressed are required                method lodged with a notary, or is it necessary for the
to amend their legislation within the time-limits laid down                 evaluation criteria already to have been communicated in
therein. The period prescribed in Article 24 of Directive                   the call for candidates or the tender documents?
95/531/EC expired on 30 April 1998 and France has not
adopted the requisite measures or even given details of any
existing provisions which might meet the requirements of
certain provisions of the directive.                                   (1) OJ L 199 of 9.8.1993, p. 54.
                                                                       (2) OJ L 395 of 30.12.1989, p. 33.
(1) OJ 1995 L 265, p. 17.
Reference for a preliminary ruling from the Vergabekon-
trollsenat, Vienna, by order of that court of 12 November
1999 in the case of Universale-Bau AG and the consortium               Action brought on 10 December 1999 by the Commission
of tenderers consisting of 1. Hinteregger & Söhne Bau-                     of the European Communities v Republic of Austria
ges.m.b.H. and 2. ÖSTÜ-STETTIN Hoch- und Tiefbau
     GmbH v Entsorgungsbetriebe Simmering GmbH
                                                                                                 (Case C-473/99)
                         (Case C-470/99)
                          (2000/C 63/21)                                                          (2000/C 63/22)
Reference has been made to the Court of Justice of the
European Communities by order of the Vergabekontrollsenat              An action against the Republic of Austria was brought
(Procurement Review Chamber), Vienna, of 12 November                   before the Court of Justice of the European Communities on
1999, which was received at the Court Registry on 7 December           10 December 1999 by the Commission of the European
1999, for a preliminary ruling in the case of Universale-Bau AG        Communities, represented by Wolfgang Bogensberger, a mem-
and the consortium of tenderers consisting of 1. Hinteregger &         ber of its Legal Service, with an address for service in
Söhne Bauges.m.b.H. and 2. ÖSTÜ-STETTIN Hoch- und                    Luxembourg at the office of Carlos Gómez de la Cruz, also a
Tiefbau GmbH v Entsorgungsbetriebe Simmering GmbH, on                  member of its Legal Service, Wagner Centre C 254, Kirchberg,
the following questions:                                               Luxembourg.