CELEX: C2003/112/13
Language: en
Date: 2003-05-10 00:00:00
Title: Case C-50/03: Reference for a preliminary ruling by the Oberlandesgericht Rostock by order of that Court of 5 February 2003 in the procurement review procedure 1. Simrad GmbH & Co. KG, 2. Kongsberg Simrad AS against Ministry for Education, Science and Culture Mecklenburg-Vorpommern

10.5.2003               EN                           Official Journal of the European Union                                                  C 112/7
                 JUDGMENT OF THE COURT                                       1.    Declares that, in adopting a measure transposing Council
                                                                                   Directive 92/43/EEC of 21 May 1992 on the conservation of
                                                                                   natural habitats and of wild fauna and flora, which:
                         (Third Chamber)
                                                                                   —     excludes from the scope of the rules on the assessment of
                         of 20 March 2003                                                the implications for the environment projects other than
                                                                                         those listed in the Italian legislation implementing direc-
                                                                                         tives on environmental impact assessment that are likely
in Case C-143/02: Commission of the European Communi-                                    to have a significant effect on sites of Community
                     ties v Italian Republic (1)                                         importance,
                                                                                   —     fails to impose upon the competent authorities of the
(Failure of a Member State to fulfil obligations — Directive                             Member State any obligation to take appropriate steps in
92/43/EEC — Conservation of natural habitats — Wild                                      respect of special protection areas to avoid the deterioration
                          fauna and flora)                                               of natural habitats and of the habitats of species or
                                                                                         disturbance of the species for which the areas were
                                                                                         designated, in so far as such disturbance could be
                          (2003/C 112/12)                                                significant in relation to the objectives of Directive 92/
                                                                                         43,
                    (Language of the case: Italian)
                                                                                   —     fails to provide that the conservation measures referred to
                                                                                         in Article 6(2) of that directive apply to the sites referred
(Provisional translation; the definitive translation will be published                   to in Article 5(1) of that directive,
                   in the European Court Reports)
                                                                                   the Italian Republic has failed to fulfil its obligations under
                                                                                   Articles 5, 6 and 7 of that directive;
In Case C-143/02, Commission of the European Communities                     2.    Orders the Italian Republic to pay the costs.
(Agents: G. Valero Jordana and R. Amorosi) v Italian Republic
(Agents: U. Leanza and M. Fiorilli): Application for a declar-
ation that, in adopting legislation transposing Council Direc-               (1 ) OJ C 144 of 15.6.2002.
tive 92/43/EEC of 21 May 1992 on the conservation of natural
habitats and of wild fauna and flora (OJ 1992 L 206, p. 7),
which:
—     excludes from the scope of the rules on the assessment of
      the implications for the environment projects other
      than those listed in the Italian legislation implementing
      directives on environmental impact assessment that are
      likely to have a significant effect on sites of Community              Reference for a preliminary ruling by the Oberlandesger-
      importance,                                                            icht Rostock by order of that Court of 5 February 2003 in
                                                                             the procurement review procedure 1. Simrad GmbH &
                                                                             Co. KG, 2. Kongsberg Simrad AS against Ministry for
—     fails to impose upon the competent authorities of the
                                                                             Education, Science and Culture Mecklenburg-Vorpom-
      Member State any obligation to take appropriate steps in
                                                                                                               mern
      respect of special protection areas to avoid the deterio-
      ration of natural habitats and of the habitats of species or
      disturbance of the species for which the areas were                                                (Case C-50/03)
      designated, in so far as such disturbance could be
      significant in relation to the objectives of Directive 92/
      43,                                                                                               (2003/C 112/13)
—     fails to provide that the conservation measures referred
      to in Article 6(2) of that directive apply to the sites
      referred to in Article 5(1) of that directive,
                                                                             Reference has been made to the Court of Justice of the
                                                                             European Communities by order of the Oberlandesgericht
the Italian Republic has failed to fulfil its obligations under              Rostock (Higher Regional Court, Rostock) of 5 February 2003,
Articles 5, 6 and 7 of that directive, the Court (Third Chamber),            received at the Court Registry on 10 February 2003, for a
composed of: J.-P. Puissochet, President of the Chamber,                     preliminary ruling in the procurement review procedure
C. Gulmann (Rapporteur) and F. Macken, Judges; P. Léger,                     1. Simrad GmbH & Co. KG, 2. Kongsberg Simrad AS against
Advocate General; R. Grass, Registrar, has given a judgment                  Ministry for Education, Science and Culture Mecklenburg-
on 20 March 2003, in which it:                                               Vorpommern on the following questions:
 ---pagebreak--- C 112/8                EN                      Official Journal of the European Union                                        10.5.2003
Does an agreement to amend an existing public supply                   Reference for a preliminary ruling by the Landesgericht
contract, to the effect that different goods are to be supplied        für Zivilrechtssachen Wien by order of that Court of
from those originally agreed, constitute a public supply               29 January 2003 in the case of Austroplant-Arzneimittel
contract for the purposes of Article 1(a) of Council Directive                       GesmbH against Austrian Republic
93/36/EEC ( 1) of 14 June 1993 coordinating procedures for
the award of public supply contracts (‘Directive 93/36’) in
respect of which an invitation to tender must be issued where:
                                                                                                 (Case C-54/03)
1.    the value of the goods to which the amendment relates
      exceeds the de minimis amount referred to in
      Article 5(1)(a) of Directive 93/36 and                                                    (2003/C 112/15)
2.    as regards the goods affected by the amendment, the
      amendment changes both the supplier and, in a material
      way, the specification of those goods?
                                                                       Reference has been made to the Court of Justice of the
( 1) OJ L 199 of 9.8.1993, p. 1.                                       European Communities by order of the Landesgericht für
                                                                       Zivilrechtssachen Wien (Vienna Regional Civil Court) of
                                                                       29 January 2003, received at the Court Registry on 11 February
                                                                       2003, for a preliminary ruling in the case of Austroplant-
                                                                       Arzneimittel GesmbH against Austrian Republic on the follow-
                                                                       ing questions:
                                                                       1.    Is Council Directive 89/105/EEC of 21 December 1998
                                                                             relating to the transparency of measures regulating the
Reference for a preliminary ruling by the Amtsgericht                        prices of medicinal products for human use and their
Löbau by order of that Court of 21 October 2002 in the                       inclusion in the scope of national health insurance
   criminal proceedings against Nicoleta Maria Georgescu                     systems (OJ 1989 L 40, 8), apart from the remedy already
                                                                             criticised in the Court’s judgment of 27 November 2001
                                                                             in Case C-424/99 ( 1), to be interpreted as meaning that
                          (Case C-51/03)                                     the national provisions set out below are incompatible
                                                                             therewith?
                         (2003/C 112/14)                                     The national implementing provisions concerned are
                                                                             Paragraph 31(3)(12) ASVG in the version published in
                                                                             BGBl I 99/2001 and the Procedure for the compilation
                                                                             of the register of medicinal products under Para-
                                                                             graph 31(3)(12) ASVG (VOHMV), Soziale Sicherheit 11/
Reference has been made to the Court of Justice of the                       1998, Amtliche Verlautbarung No 104/1998.
European Communities by order of the Amtsgericht Löbau
(Local Court, Löbau) of 21 October 2002, received at the
Court Registry on 10 February 2003, for a preliminary ruling           2.    If Question 1 is answered in the affirmative:
in the criminal proceedings against Nicoleta Maria Georgescu
on the following question on the following point of interpret-
                                                                             Is Council Directive 89/105/EEC of 21 December 1998
ation of Council Regulation (EC) No 539/2001 of 15 March
                                                                             relating to the transparency of measures regulating the
2001 (1):
                                                                             prices of medicinal products for human use and their
                                                                             inclusion in the scope of national health insurance
                                                                             systems so precise, clear and definite that the national
Must Article 1(2) in conjunction with Article 8(2) and Annex II              legislator has no scope for discretion when transposing it
of the above regulation be interpreted as meaning that as from               into national law?
the entry into force of that regulation Romanian nationals
now only for a specified time require a visa for entry and stay
in Member States of the European Community for a period                3.    If Question 2 is answered in the affirmative:
not exceeding three months?
                                                                             Is Council Directive 89/105/EEC of 21 December 1998
                                                                             relating to the transparency of measures regulating the
( 1) OJ L 81 of 21.3.2001, p. 1.                                             prices of medicinal products for human use and their
                                                                             inclusion in the scope of national health insurance
                                                                             systems intended to confer a direct right on the applicant
                                                                             in the proceedings in the main case in this instance?