CELEX: C1997/142/27
Language: en
Date: 1997-05-10 00:00:00
Title: Reference for a preliminary ruling from the Bundesvergabeamt, by order of that court of 25 November 1996 in the review proceedings brought by the applicant, EvoBus Austria GmbH, against the contracting entity, Niederösterreichische Verkehrsorganisations Gesellschaft mbH (NÖVOG) (Case C-111/97)

10 . 5 . 97           EN                    Official Journal of the European Communities                                     No C 142/ 13
     transposing measure merely that those provisions                  ( Federal Procurement Office ) of 25 November 1996,
     remain in force to the extent that they do not conflict           which was received at the Court Registry on 17 March
     with the new national legislation ?                               1997, for a preliminary ruling in the review proceedings
                                                                       brought by the applicant, EvoBus Austria GmbH, against
                                                                       the contracting entity, Niederosterreichische Verkehrsorga­
2 . Do Articles 10 ( 2 ) and 15 ( 2 ) of Council Directive 89/
                                                                       nisations Gesellschaft mbH (NOVOG ), on the following
     398/EEC of 3 May 1989 on the approximation of the                 questions:
     laws of the Member States relating to foodstuffs
     intended for particular nutritional uses ( OJ No L 186,
     30 . 6 . 1989, p. 27) authorize a State to continue to
     apply rules which predate the Directive and the                   1 . May an individual derive, from the abovemen­
     measure transposing it ?                                                 tioned (') or other provisions of Directive 92/13/EEC,
                                                                              a specific right to have review proceedings conducted
                                                                              before authorities or courts or tribunals complying
3 . Does the classification, by Council Directive 89/398/                     with Article 2 ( 9 ) of Directive 92/13/EEC which is so
     EEC of 3 May 1989 on the approximation of the laws                       sufficiently precise and specific that, in the event of
     of the Member States, of foodstuffs intended for                         non-transposition by a Member State of the provisions
     particular nutritional uses into nine groups ( referred to               of the Directive in question, an individual may rely on
     in Annex I thereto ), which are to be the subject of                     that provision ?
     specific directives, and into foodstuffs not falling
     within those groups, for which there is no provision
     for such directives, allow a Member State to apply                2 . In conducting a review procedure, must a national
     rules founded on a classification based on a distinction                 court constituted on the lines of the Bundesvergabeamt
     between dietary products and dietetic products or on a                   disregard provisions of national law such as
     distinction between foodstuffs for infants and young                     paragraph 7 (2 ) in conjunction with paragraph 67 ( 1 )
     children and foodstuffs other than those intended for                    of the Bundesvergabegesetz (Federal Procurement
     infants and young children ?                                             Law ) which preclude it from conducting a review
                                                                              procedure even where such review procedure is
4 . Do Articles 10 ( 2 ) and 15 ( 2 ) of Council Directive 89/                intended by the national legislature solely to serve the
     398/EEC of 3 May 1989 on the approximation of the                        purpose of transposing Directive 89/665/EEC (2 )?
     laws of the Member States relating to foodstuffs
     intended for particular nutritional uses, which do not
     affect the application of national measures in the event          3 . Must the adjudicating court disregard those or any
     that specific directives as provided for in Article 4 of                 comparable procedural provisions of national law in
     the Directive are not adopted, preclude individuals                      such circumstances, if they impede or prevent a review
     from relying on the provisions of the Directive in                       procedure from being effectively conducted ?
     order to challenge the detailed measures of
     transposition adopted by the Member States and to                 (') Article 1 ( 1 ) to ( 3 ) and Article 2 ( 1 ) and 2 ( 7) to ( 9 ) of
     have them declared inapplicable by the national courts                  Council Directive 92/13/EEC of 25 February 1992
     to the extent that they conflict with the provisions of                 coordinating the laws, regulations and administrative
     the Directive ?                                                         provisions relating to the application of Community rules on
                                                                             the procurement procedures of entities operating in the water,
                                                                             energy, transport and telecommunications sectors ( OT No L 76 ,
5.   Does not the fact that foodstuffs are controlled within                 23 . 3 . 1992 , p. 14 ).
     the framework of Community Directives imply that                  ( 2 ) Council Directive 89/665/EEC of 21 December 1989 on the
     States must, when carrying out such control, observe                    coordination of the laws, regulations and administrative
     the general Community principles, in particular the                     provisions relating to the application of review procedures to
     protection of legitimate expectations ?                                 the award of public supply and public works contracts ( OJ No
                                                                             L 395 , 30 . 12 . 1989 , p. 33 ).
Reference for a preliminary ruling from the
Bundesvergabeamt, by order of that court of 25 November                Reference for a preliminary ruling from the Tribunal du
1996 in the review proceedings brought by the applicant,               Travail, Charleroi, by judgment of that court of 18 March
EvoBus Austria GmbH, against the contracting entity,                         1997 in the case of Henia Babahenini v. Belgian State
Niederosterreichische Verkehrsorganisations Gesellschaft
                                                                                                      Case C-l 13/97
                        mbH (NOVOG )
                        ( Case C-l 11 /97 )                                                           ( 97/C 142/28 )
                          ( 97/C 142/27
                                                                       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 a judgment of the Tribunal du
European Communities by order of the Bundesvergabeamt                  Travail ( Labour Court), Charleroi, of 18 March 1997,