CELEX: C1997/271/13
Language: en
Date: 1997-09-06 00:00:00
Title: Action brought on 16 July 1997 by E-Quattro, società in nome collettivo, having its seat in Laveno-Mombello, Varese, Italy, against Commission of the European Communities (Case C-257/97)

6 . 9 . 97            I EN |                Official Journal of the European Communities                                      C 271 /9
2 . If the first question is answered in the affirmative, is                 In view of the failure to fulfil obligations, give an
      Article 92 of the Treaty to be interpreted as meaning                  official explanation or any reply, the company must
      that such aid is compatible with the common market ?                   take legal action before the Court in order to obtain
                                                                             compensation in damages consisting in the amount set
                                                                             out in the invoice and interest thereon as from two
                                                                             months after the date of the invoice, subject to further
                                                                             interest accruing in the meantime .
Action brought on 16 July 1997 by E-Quattro, società in                ( b ) Failure       to    continue         the  contractual
nome collettivo, having its seat in Laveno-Mombello,                         relationship
Varese, Italy, against Commission of the European
                             Communities                                     The contract concluded between the parties provides
                          ( Case C-257/97)                                   for, at most, a duration of two years, although
                                                                             performance is divided into two stages .
                            ( 97/C 271/13 )
                                                                             Although the Commission reserved the right not to
An action against the Commission of the European                             proceed to the second stage, it is nevertheless true that
Communities was brought before the Court of Justice of                       such a right may not be indiscriminate or arbitrary
the European Communities on 16 July 1997 by E-                               and in any event, account must be taken of the
Quattro, società in nome collettivo, having its seat in                      circumstances in which it is exercised .
Laveno-Mombello, Varese, Italy, represented by Giuseppe
Marchesini, advocate with the right of audience before the                   Finally, the applicant is of the view that the
Corte di Cassazione ( Court of Cassation ) of the Italian                    termination in question must be justified, notified to
Republic, with an address for service in Luxembourg at                       the parties in good time and in circumstances such as
the Chambers of Ernest Arendt, 8—10 Rue Mathias                              not to prejudice the legitimate expectations that the
Hardt .
                                                                             contract would proceed as normal .
The applicant claims that the Court should:
1 . order the Commission to make good the damage
      suffered and being suffered by the applicant as a result
      of the persistent delay in paying the balance of the             Reference for a preliminary ruling from the Unabhängiger
      services set out in the unpaid invoice;                          Verwaltungssenat fur Kärnten by order of that tribunal of
                                                                       8 July 1997 in the case of HI Hospital Ingenieure
                                                                       Krankenhaustechnik Planungs-Gesellschaft mbH v.
2 . order, further, the Commission to make good the
                                                                                 Landeskrankenanstalten-Betriebsgesellschaft
      damage caused to the company by the unjustified
      termination of the contract and by its notification on                                    Case C-258/97 )
      the last possible date;                                                                    ( 97/C 271 /14 )
3.    the whole of the above to be in the amount set out in
      the application or together with interest accruing from          Reference has been made to the Court of Justice of the
      the due date to the date of actual payment;                      European Communities by an order of the Unabhängiger
                                                                       Verwaltungssenat fur Kärnten ( Independent Administrative
                                                                       Senate for Carinthia ) of 8 July 1997, which was received
4. order the defendant to pay the costs of proceedings .               at the Court Registry on 17 July 1997, for a preliminary
                                                                       ruling in the case of HI Hospital Ingenieure
Pleas in law and main arguments adduced in support:                    Krankenhaustechnik Planungs-Gesellschaft mbH v.
                                                                       Landeskrankenanstalten-Betriebsgesellschaft         on      the
                                                                       following questions :
( a ) Payment for the services provided
                                                                        1 . Is Article 2 ( 8 ) of Council Directive 89/665/EEC of
      Article 7 ( 2 ) of the contract stipulates that the                    21 December 1989 on the coordination of the laws,
      Commission is to effect payment upon presentation of                   regulations and administrative provisions relating to
      the invoice or within two months from the date of
                                                                             the application of review procedures to the award of
      receipt thereof.                                                       public supply and public works contracts ( ! ) to be
                                                                             interpreted as meaning that the Unabhängiger
      The services in respect of the first stage were                        Verwaltungssenat für Kärnten fulfils the conditions for
      completed in March 1997 and the invoice for the                        a body responsible for review procedures with respect
      balance was sent on 6 March 1997 .                                     to services ?
      Already four months have elapsed without the amount              2 . Are these or other provisions of Council Directive 89/
      set out in the invoice having been paid and without                    665/EEC on the coordination of the laws, regulations
      the slightest official explanation or reply.                           and administrative provisions relating to the