CELEX: C2002/219/03
Language: en
Date: 2002-09-14 00:00:00
Title: Case C-229/02: Reference for a preliminary ruling by the Bundesvergabeamt by order of that Court of 14 May 2002 in the case of 1. Tenderer: debis/AC, 2. ARGE Telekom & Partner, 3. Tenderer: SIEMENS AUSTRIA CARD against Hauptverband der österreichischen Sozialversicherungsträger

C 219/2                  EN                     Official Journal of the European Communities                                     14.9.2002
Is a CD-ROM drive which is equipped with a jack for                        Question 2:
headphones, a volume control button and a button to insert
and remove CDs, but which cannot by itself reproduce
graphics, audio, data and text, to be classified for the period            In the event that the answer given to Question 1 is no:
1 January 1995 to 21 November 1995 under heading
8521 90 00 in accordance with classification practice laid
down in Commission Regulation (EC) No 2564/95 ( 1), or                     Is the abovementioned provision to be understood as meaning
under heading 8471 93 51 in accordance with the classifi-                  that, if a tenderer’s bid is not eliminated by the contracting
cation practice laid down in Commission Regulation (EC)                    authority, but the review body finds in the course of the review
No 2491/96 (2) and the decision adopted by the Harmonized                  procedure that the contracting authority would have been
System Committee of the World Customs Organization                         bound to eliminate it, the tenderer has been or risks being
(Doc. 40.260 E and Doc. 40.600 E)?                                         harmed by the infringement alleged by him — in this case the
                                                                           finding by the contracting authority that a rival tenderer
                                                                           submitted the best bid — and that he must therefore have the
                                                                           right to bring a review procedure?
( 1) Commission Regulation (EC) No 2564/95 of 27 October 1995
     concerning the classification of certain goods in the combined
     nomenclature (OJ L 262 of 1.11.1995, p. 25).
( 2) Commission Regulation (EC) No 2491/96 of 23 December 1996             (1 ) OJ L 395 [1989], p. 33.
     amending Regulation (EEC) No 2658/87 on the tariff and
     statistical nomenclature and on the Common Customs Tariff (OJ
     L 338 of 28.12.1996, p. 14).
                                                                           Reference for a preliminary ruling by the Bundesverga-
Reference for a preliminary ruling by the Bundesverga-                     beamt (Austria) by order of that Court of 14 May 2002 in
beamt by order of that Court of 14 May 2002 in the case                    the review procedure between Grossmann Air Service
of 1. Tenderer: debis/AC, 2. ARGE Telekom & Partner, 3.                         GmbH & Co KG and the Bund (Republic of Austria)
Tenderer: SIEMENS AUSTRIA CARD against Hauptver-
    band der österreichischen Sozialversicherungsträger
                                                                                                     (Case C-230/02)
                           (Case C-229/02)
                                                                                                     (2002/C 219/04)
                           (2002/C 219/03)
                                                                           Reference has been made to the Court of Justice of the
Reference has been made to the Court of Justice of the
                                                                           European Communities by order of the Bundesvergabeamt
European Communities by order of the Bundesvergabeamt                      (Federal Public Procurement Office) of , received at the Court
(Federal Public Procurement Office) of 14 May 2002, received
                                                                           Registry on 20 June 2002, for a preliminary ruling in the
at the Court Registry on 20 June 2002, for a preliminary ruling
                                                                           review procedure between Grossmann Air Service GmbH &
in the case of 1. Tenderer: debis/AC, 2. ARGE Telekom
                                                                           Co KG and the Bund (Republic of Austria) on the following
& Partner, 3. Tenderer: SIEMENS AUSTRIA CARD against
                                                                           questions:
Hauptverband der österreichischen Sozialversicherungsträger
on the following questions:
                                                                           Question 1:
Question 1:
                                                                           Is Article 1(3) of Council Directive 89/665/EEC (1) of
Is Article 1(3) of Council Directive 89/665/EEC of 21 Decem-               21 December 1989 on the coordination of the laws, regu-
ber 1989 (1) on the coordination of the laws, regulations and              lations and administrative provisions relating to the application
administrative provisions relating to the application of review            of review procedures to the award of public supply and public
procedures to the award of public supply and public works                  works contracts to be interpreted as meaning that the review
contracts to be interpreted as meaning that any person seeking             procedure must be available to any undertaking which has
the award of a specific pending public contract is entitled to             submitted a bid, or applied to participate, in a public procure-
institute a review procedure?                                              ment procedure?