CELEX: C2000/372/17
Language: en
Date: 2000-12-23 00:00:00
Title: Removal from the register of Case C-272/98

C 372/8                EN                    Official Journal of the European Communities                                   23.12.2000
1.    In calls for tenders for public works contracts, do clauses       The Commission claims that the Court should:
      excluding undertakings which have not submitted with
      their tenders explanations concerning components of the           —     declare that, by failing to adopt the laws, regulations
      price indicated, amounting to at least 75 % of the figure               and administrative provisions necessary to comply with
      specified in the tender conditions, represent an obstacle               Commission Directive 98/100/EC (1) of 21 December
      to the application of Article 30(4) of Directive 93/37 (1)?             1998 amending Directive 92/76/EEC (2) recognising pro-
                                                                              tected zones exposed to particular plant health risks in
2.    Does the establishment of a mechanism for determining                   the Community, the Hellenic Republic has failed to fulfil
      automatically the threshold indicative of irregularity,                 its obligations under the Treaty and that directive;
      below which the validity of tenders falls to be verified, on
      the basis of an ad hoc criterion and an arithmetical mean,        —     order the Hellenic Republic to pay the costs.
      so that undertakings are unable to ascertain the threshold
      in advance, represent an obstacle to the application of
      Article 30(4) of Directive 93/37?
                                                                        Pleas in law and main arguments
3.    Does the fact that the exchange of views is to take place
      at an earlier stage, without the undertaking which has            In accordance with the third paragraph of Article 249 of the
      allegedly submitted an irregular tender being assured of          Treaty establishing the European Community, directives are
      an opportunity to state its reasons, after the opening of         binding, as to the result to be achieved, upon each Member
      the envelopes and before the adoption of the measure              State to which they are addressed.
      excluding it, represent an obstacle to the application of
      Article 30(4) of Directive 93/37?
                                                                        Under the first paragraph of Article 10 of the Treaty, Member
                                                                        States are to take all appropriate measures, whether general or
4.    Does a provision under which the contracting authority            particular, to ensure fulfilment of the obligations arising out
      may take account of explanations relating solely to the           of the Treaty or resulting from action taken by the institutions
      economy of the construction method or the technical               of the Community.
      solutions adopted or the exceptionally favourable con-
      ditions available to the tenderer represent an obstacle to
      the application of Article 30(4) of Directive 93/37?              It is not disputed by the Hellenic Republic that it must adopt
                                                                        measures to comply with the abovementioned directive.
5.    Does the exclusion of explanations relating to items for
      which minimum values can be inferred from official lists          The Commission records that until now the Hellenic Republic
      represent an obstacle to the application of Article 30(4)         has not adopted the appropriate measures to incorporate that
      of Directive 93/37?                                               directive fully into Greek law.
(1) Council Directive 93/37/EEC of 14 June 1993 concerning the          (1) OJ L 351, 29.12.1998, p. 35.
    coordination of procedures for the award of public works            (2) OJ L 305, 21.10.1992, p. 12.
    contracts (OJ L 199, 9.8.1993, p. 54).
                                                                               Removal from the register of Case C-272/98 (1)
Action brought on 8 November 2000 by the Commission
of the European Communities against the Hellenic
                              Republic                                                           (2000/C 372/17)
                         (Case C-406/00)                                By order of 12 July 2000 the President of the Court of Justice
                                                                        of the European Communities has ordered the removal from
                                                                        the register of Case C-272/98: (reference for a preliminary
                         (2000/C 372/16)                                ruling from Juzgado de Primera Instancia (Court of First
                                                                        Instance) No 35 Barcelona): Artel SA v Francisca Arencom
An action against the Hellenic Republic was brought before the          Salazar.
Court of Justice of the European Communities on 8 November
2000 by the Commission of the European Communities,
represented by Maria Kondou-Durande, of its Legal Service,              (1) OJ C 278 of 5.9.1998.
with an address for service in Luxembourg at the office of
Carlos Gómez de ]a Cruz, of its Legal Service, Wagner Centre,
Kirchberg.