CELEX: C1995/333/07
Language: en
Date: 1995-12-09 00:00:00
Title: JUDGMENT OF THE COURT (Fourth Chamber) of 26 October 1995 in Case C-143/94 (reference for a preliminary ruling from the Tribunale Amministrativo Regionale del Lazio): Furlanis Costruzioni Generali SpA v. Azienda Nazionale Autonoma Strade (ANAS) (Council Directives 71/305/EEC and 89/440/EEC - Public contracts - Abnormally low tenders in relation to the transaction)

No C 333/4             EN                   Official Journal of the European Communities                                   9 . 12 . 95
               JUDGMENT OF THE COURT                                                  JUDGMENT OF THE COURT
                          ( Fifth Chamber )                                                    ( Fourth Chamber)
                      of 26 October 1995                                                     of 26 October 1995
in    Case C-51/94: Commission of the European                         in Case C-143/94 ( reference for a preliminary ruling from
      Communities v. Federal Republic of Germany ( 1 )                 the Tribunale Amministrativo Regionale del Lazio ):
(Labelling andpresentation offoodstuffs — Article 30 ofthe             Furlanis Costruzioni Generali SpA v. Azienda Nazionale
EC Treaty and Directive 79/112/EEC — Reference in the                                    Autonoma Strade ( ANAS ) (M
trade description to a substance included in the list of               (Council Directives 71/305/EEC and 89/440/EEC —
                              ingredients)                             Public contracts — Abnormally low tenders in relation to
                            ( 95/C 333/06 )                                                      the transaction)
                                                                                                  ( 95/C 333/07)
                (Language of the case: German)
(Provisional translation; the definitive translation will be
          published in the European Court Reports)                                      (Language of the case: Italian)
In Case C-51 /94 : Commission of the European
Communities ( Agents : Hendrik van Lier and Angela
Bardenhewer ) v. Federal Republic of Germany ( Agents:
Ernst Roder and Bernd Kloke ) — application for a                      (Provisional translation; the definitive translation will be
declaration that, by requiring that in order to be marketed in                  published in the European Court Reports)
Germany foodstuffs containing an ingredient which does
not comply with the traditional German recipe must carry a
trade description with an additional statement indicating
that the substance in question has been used, even if that             In Case C-143/94 : reference to the Court under Article 177
substance is already included in the list of ingredients, the          of the EC Treaty by the Tribunale Amministrativo
Federal Republic of Germany has failed to fulfil its                   Regionale del Lazio ( Italy ) for a preliminary ruling in the
obligations under Article 30 et seq. of the EC Treaty and              proceedings pending before that court between Furlanis
Articles 5 , 6 and 16 of Council Directive 79/ 112/EEC of              Costruzioni Generali SpA and Azienda Nazionale
18 December 1978 on the approximation of the laws of the               Autonoma Strade ( ANAS ) — on the interpretation of
Member States relating to the labelling, presentation and              Article 29 ( 5 ) of Council Directive 71 /305/EEC of 26 July
advertising of foodstuffs for sale to the ultimate consumer            1971 concerning the coordination of procedures for the
( OJ 1979 L 33 , p. 1 ) — the Court ( Fifth Chamber ),                 award of public works contracts ( OJ, English Special
composed of D. A. O. Edward, President of the Chamber,                 Edition 1971 ( II ), p. 682 ), as amended by Article 1 ( 20 ) of
J. C. Moitinho de Almeida ( Rapporteur ), C. Gulmann,                  Council Directive 89/440/EEC of 18 July 1989 ( OJ 1989
P. Jann and L. Sevon, Judges ; F. G. Jacobs,                           L 210 , p. 1 ) — the Court ( Fourth Chamber), composed of
Advocate-General ; R. Grass, Registrar , has given a                   C. N. Kakouris ( Rapporteur ), President of the Chamber ,
judgment on 26 October 1995 , in which it:                             P. J. G. Kapteyn and H. Ragnemalm, Judges; C. O. Lenz,
                                                                       Advocate-General ; L. Hewlett, Administrator, for the
1 . declares that, by requiring that bearnaise sauce and               Registrar, gave a judgment on 26 October 1995 , the
     hollandaise sauce made with vegetable fats and certain            operative part of which is as follows :
     pastry products containing the additive E 160 F '
     should, in order to be marketed in Germany, carry
     a trade description with an additional statement
     indicating that the substance in question has been used,          The last subparagraph of Article 29 (5) of Council Directive
     even if that substance is already included in the                 71 /305/EEC of26 July 1971 concerning the coordination of
     list of ingredients referred to in Article 6 of Council           procedures for the award of public works contracts, as
     Directive 79/112/EEC of 18 December 1978 on the                   amended by Article 1 (20) of Council Directive 89/440/EEC
     approximation ofthe laws ofthe Member States relating             of 18 July 1989, must be interpreted as meaning that only
     to the labelling, presentation and advertising of                 procedures in which the definitive award was made by
     foodstuffs for sale to the ultimate consumer, the Federal         3 1 December 1 992 are entitled to qualify for the derogation
     Republic of Germany has failed to fulfil its obligations          provided for in that provision.
     under Article 30 of the EC Treaty;
2 . dismisses the remainder of the application.
                                                                        (') OJ No C 218 , 6 . 8 . 1994 .
3 . orders the Federal Republic of Germany to pay the
     costs .
 (») OJ No C 76 , 12 . 3 . 1994 , p . 17.