CELEX: C2000/259/22
Language: en
Date: 2000-09-09 00:00:00
Title: Case C-285/00: Action brought on 20 July 2000 by the Commission of the European Communities against the French Republic

9.9.2000                EN                      Official Journal of the European Communities                                         C 259/13
      Directive 93/37/EEC (1), for which the amount exceeds by             Action brought on 20 July 2000 by the Commission of
      a considerable margin the threshold for application of                the European Communities against the French Republic
      the directive, the Kingdom of Spain has failed to fulfil its
      obligations under Community law;                                                                (Case C-285/00)
2.    Order the Kingdom of Spain to pay the costs.                                                   (2000/C 259/22)
                                                                           An action against the French Republic was brought before the
Pleas in law and main arguments
                                                                           Court of Justice of the European Communities on 20 July
                                                                           2000 by the Commission of the European Communities,
The Commission considers that Sociedad Estatal de Infraestruc-             represented by Bernard Mongin, of its Legal Service, acting as
turas y Equipamientos Penitenciarios, SA (SIEPSA) is a ‘body               Agent, with an address for service in Luxembourg at the office
governed by public law’ within the meaning of Article 1(b) of              of Carlos Gómez de la Cruz, of its Legal Service, Wagner
Directive 93/37/EEC and, consequently, a contracting auth-                 Centre, Kirchberg.
ority in so far as it fulfils the three conditions laid down in that
article. SIEPSA was set up to meet a need in the general                   The Commission of the European Communities claims that
interest: to help apply penitentiary policy through the                    the Court should:
implementation of programmes and action provided for in the
Plan de Amortización y Creación de Centros Pentenciarios                 1.    declare that, by failing to adopt the specific rules concern-
(Plan for the amortisation and establishment of penitentiary                     ing recognition of diplomas providing access to the
institutions) approved by the Council of Ministers. That general                 profession of psychologist and transposing Directive
interest is of neither a commercial nor an industrial nature.                    89/48/EEC (1) with regard to that profession, the French
Although the company engages in activities of a mercantile                       Republic has failed to fulfil its obligations under that
nature, they are no more than a means of meeting that                            directive;
general interest of a non-commercial and non-industrial nature
(application of the State penitentiary policy). That company is            2.    order the French Republic to pay the costs.
therefore required, despite its being a company subject to
private law, to comply with the provisions of the directive in
all matters relating to the award of its works contracts. In such          Pleas in law and main arguments
circumstances, the tendering procedure at issue should have
been conducted in full compliance with Directive 93/37/EEC                 In France, the profession of psychologist is regulated, particu-
and, in particular, the provisions mentioned in the form of                larly as regards the right to use that professional title.
order sought.                                                              Consequently, France should have adopted the measures
                                                                           necessary in order to comply with Directive 89/48/EEC, and
                                                                           should have notified the Commission thereof.
(1) Council Directive of 14 June 1993 concerning the coordination
    of procedures for the award of public works contracts (OJ 1993
    L 199, p. 54).                                                         (1) Council Directive 89/48/EEC of 21 December 1988 on a general
                                                                               system for the recognition of higher-education diplomas awarded
                                                                               on completion of professional education and training of at least
                                                                               three years’ duration (OJ L 19 of 24.1.1989, p. 16).