CELEX: C2001/317/17
Language: en
Date: 2001-11-10 00:00:00
Title: Case C-307/01: Reference for a preliminary ruling by the VAT and Duties Tribunals, London Tribunal Centre, by direction of that court of 6 June 2001, in the case of 1) Dr Peter L. d'Ambrumenil, 2) Dispute Resolution Services Ltd against Commissioners of Customs and Excise

C 317/10               EN                    Official Journal of the European Communities                                    10.11.2001
4.   The Confédération belge du commerce et de la réparation                  (f)  the preparation of Medical Reports
     automobile et des secteurs connexes ASBL (Federauto) is ordered
     to bear its own costs.                                                        (i)   following the examinations referred to in (e)
                                                                                         and
                                                                                   (ii) based on medical notes but without conducting
(1) OJ C 316 of 4.11.2000.                                                               a medical examination,
                                                                              (g)  medical examinations conducted with a view to the
                                                                                   preparation of expert Medical Reports regarding
                                                                                   professional medical negligence for individuals con-
                                                                                   templating litigation, and
                                                                              (h) the preparation of Medical Reports
                                                                                   (i)   following the examinations referred to in (g)
Reference for a preliminary ruling by the VAT and Duties                                 and
Tribunals, London Tribunal Centre, by direction of that
court of 6 June 2001, in the case of 1) Dr Peter L.                                (ii) based on medical notes but without conducting
d’Ambrumenil, 2) Dispute Resolution Services Ltd against                                 a medical examination?
           Commissioners of Customs and Excise
                                                                        (1) OJ L 145 of 13.6.1977, p. 1.
                         (Case C-307/01)
                         (2001/C 317/17)
Reference has been made to the Court of Justice of the                  Reference for a preliminary ruling by the Bundesverga-
European Communities by a direction of the VAT and Duties               beamt (Austria) by order of 11 July 2001 in the case of
Tribunals, London Tribunal Centre, of 6 June 2001, which was            (1) Siemens AG Österreich; (2) ARGE Telekom & Partner
received at the Court Registry on 6 August 2001, for a                  v Hauptverband der österreichischen Sozialversiche-
preliminary ruling in the case of 1) Dr Peter L. d’Ambrumenil,            rungsträger; intervening party: EDS/ORGA consortium
2) Dispute Resolution Services Ltd against Commissioners of
Customs and Excise, on the following questions:                                                 (Case C-314/01)
1.   Is article 13A(1)(c) of Directive 77/388/EEC (1) of 17 May                                 (2001/C 317/18)
     1977 on the harmonisation of the laws of the Member
     States relating to turnover taxes to be interpreted as             Reference has been made to the Court of Justice of the
     covering the following activities when performed in the            European Communities by order of 11 July 2001 by the
     exercise of the medical profession as defined by the               Bundesvergabeamt (Austrian Federal Procurement Office),
     Member State:                                                      which was received at the Court Registry on 9 August 2001,
                                                                        for a preliminary ruling in the case of (1) Siemens AG
                                                                        Österreich; (2) ARGE Telekom & Partner v Hauptverband der
     (a)   conducting medical examinations of individuals for           österreichischen Sozialversicherungsträger; intervening party:
           employers or insurance companies.                            EDS/ORGA consortium, on the following questions:
     (b) the taking of blood or other bodily samples to test            1.    Is Council Directive 89/665/EEC (1) of 21 December
           for the presence of viruses, infections or other                   1989 on the coordination of the laws, regulations and
           diseases on behalf of employers or insurers,                       administrative provisions relating to the application of
                                                                              review procedures to the award of public supply and
                                                                              public works contracts, and in particular Article 2(1)(b)
     (c)   certification of medical fitness, for example, as to               thereof, if necessary in conjunction with Article 2(7)
           fitness to travel,                                                 thereof, to be interpreted as meaning that the legal effect
                                                                              of a decision taken by a national review body within the
     (d) giving certificates as to a person’s medical condition               meaning of Article 2(8) of Directive 89/665 relating to
           for purposes such as entitlement to a War Pension,                 the setting aside of a contracting authority’s decision not
                                                                              to cancel a contract award procedure is that if national
                                                                              law does not provide any basis for the effective and
     (e)   medical examinations conducted with a view to the                  compulsory enforcement of the review body’s decision
           preparation of expert Medical Reports regarding                    against the contracting authority, the contract award
           issues of liability and the quantification of damages              procedure is automatically terminated by the national
           for individuals contemplating personal injury liti-                review body’s decision, without the need for any further
           gation,                                                            act by the contracting authority?