CELEX: C2000/122/23
Language: en
Date: 2000-04-29 00:00:00
Title: Case C-55/00: Reference for a preliminary ruling by the Tribunale Ordinario di Roma — Fourth Labour Chamber — by order of that court of 1 February 2000, in the case of Elide Gottardo v Istituto Nazionale della Previdenza Sociale (INPS)

C 122/14              EN                   Official Journal of the European Communities                                       29.4.2000
Reference for a preliminary ruling by the Tribunale                   Question 2
Ordinario di Roma — Fourth Labour Chamber — by
order of that court of 1 February 2000, in the case of
                                                                      ‘Is a public body which invites tenders for works which are
Elide Gottardo v Istituto Nazionale della Previdenza
                                                                      not covered by the works directive (Directive 93/37), inasmuch
                         Sociale (INPS)
                                                                      as the threshold value is not exceeded, entitled to stipulate in
                                                                      the tender documents that a specified make must be used in the
                         (Case C-55/00)                               case where the relevant requirement in the tender documents is
                                                                      not accompanied by the words “or an equivalent make”?’
                        (2000/C 122/23)
                                                                      Question 3
Reference has been made to the Court of Justice of the
European Communities by a judgment of the Tribunale
Ordinario di Roma (Rome District Court) — Fourth Labour               ‘If Question 1 or Question 2 is answered in the negative, can
Chamber — of 1 February 2000, which was received at the               such wording of tender documents as described in Questions 1
Court Registry on 21 February 2000, for a preliminary ruling          and 2 be regarded as constituting an infringement of Article 12
in the case of Elide Gottardo v Istituto Nazionale della              EC or Article 28 EC?’
Previdenza Sociale (INPS), on the following question on the
interpretation of Articles 6 and 48(2) of the EC Treaty (now
Articles 12 EC and 39(2) EC):                                         (1) Of 14 June 1993 concerning the coordination of procedures for
                                                                          the award of public works contracts (OJ 1993 L 199, p. 54).
‘Whether or not a worker who is a citizen of a Member State
with a record of payments of social security contributions to
the competent institution of another Member State is entitled
to be awarded an old-age pension on the basis of aggregation
of the contributions paid to the institution of a State outside
the Union under the convention which the Member State has
concluded with the latter and which it applies to its own
citizens.’                                                            Reference for a preliminary ruling by the Immigration
                                                                      Appeal Tribunal, by order of that court of 16 December
                                                                      1999, in the case of Mary Carpenter against Secretary of
                                                                                     State for the Home Department
                                                                                                (Case C-60/00)
                                                                                               (2000/C 122/25)
Reference for a preliminary ruling by the Vestre Landsret
by order of 14 February 2000 in the case of Bent Mousten
             Vestergaard v Spøttrup Boligselskab                      Reference has been made to the Court of Justice of the
                                                                      European Communities by an order of the Immigration Appeal
                                                                      Tribunal, of 16 December 1999, which was received at the
                         (Case C-59/00)                               Court Registry on 21 February 2000, for a preliminary ruling
                                                                      in the case of Mary Carpenter against Secretary of State for the
                        (2000/C 122/24)                               Home Department on the following question:
Reference has been made to the Court of Justice of the                In circumstances where:
European Communities by order of 14 February 2000 by the
Vestre Landsret (Western Regional Court), which was received          a) a national of a Member State, who is established in that
at the Court Registry on 23 February 2000, for a preliminary               Member State and who provides services to persons in
ruling in the case of Bent Mousten Vestergaard v Spøttrup                  other Member States; and
Boligselskab on the following questions:
                                                                      b) has a spouse who is not a national of a Member State;
Question 1                                                            can the non-national spouse rely on
‘Is a public body which invites tenders for works which are           1) Article 49 EC and/or
not covered by the works directive (Directive 93/37) (1),
inasmuch as the threshold value is not exceeded, entitled to          2) Directive 73/148/EEC (1)
stipulate in the tender documents that a specified Danish make
must be used in the case where the relevant requirement in the        to provide the non-national spouse with the right to reside
tender documents is not accompanied by the words “or an               with his or her spouse in his or her spouse’s Member State of
equivalent make”?’                                                    origin?