CELEX: C2001/369/07
Language: en
Date: 2001-12-22 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 18 October 2001 in Case C-19/00 (reference for a preliminary ruling from the Supreme Court of Ireland): SIAC Construction Ltd v County Council of the County of Mayo (Public works contracts — Award to the most economically advantageous tender — Award criteria)

22.12.2001              EN                        Official Journal of the European Communities                                            C 369/5
      (c)   may not establish in Germany a branch recognised as a            Article 29(1) and (2) of Council Directive 71/305/EEC of 26 July
            construction undertaking if its staff is entrusted solely with   1971 concerning the coordination of procedures for the award of
            work on administration, marketing, planning, supervision         public works contracts, as amended by Council Directive 89/440/EEC
            and/or wages and salaries, but in order to be so recognised,     of 18 July 1989, must be interpreted as permitting an adjudicating
            such an establishment must employ on the German labour           authority which has chosen to award a contract to the most
            market workers who spend more than 50 % of the firm’s            economically advantageous tender to award that contract to the
            total working time on building sites,                            tenderer who has submitted the tender the ultimate cost of which, in
                                                                             the professional opinion of an expert, is likely to be the lowest,
      the Federal Republic of Germany has failed to fulfil its               provided that the equal treatment of tenderers has been ensured,
      obligations under Articles 52 and 59 of the EC Treaty (now,            which presupposes that the transparency and objectivity of the
      after amendment, Articles 43 EC and 49 EC);                            procedure have been guaranteed and in particular that:
2.    Orders the Federal Republic of Germany to pay the costs.               —     this award criterion was clearly stated in the contract notice or
                                                                                   contract documents; and
(1) OJ C 63 of 4.3.2000.                                                     —     the professional opinion is based in all essential points on
                                                                                   objective factors regarded in good professional practice as
                                                                                   relevant and appropriate to the assessment made.
                                                                             (1) OJ C 102 of 8.4.2000.
                  JUDGMENT OF THE COURT
                          (Fifth Chamber)
                                                                                              JUDGMENT OF THE COURT
                       of 18 October 2001
                                                                                                     (Fourth Chamber)
in Case C-19/00 (reference for a preliminary ruling from
the Supreme Court of Ireland): SIAC Construction Ltd v
                                                                                                    of 11 October 2001
          County Council of the County of Mayo (1)
                                                                             in Case C-254/00: Commission of the European Communi-
(Public works contracts — Award to the most economically                                  ties v Kingdom of the Netherlands (1)
             advantageous tender — Award criteria)
                                                                             (Failure by a Member State to fulfil obligations — Failure to
                          (2001/C 369/07)                                    implement Directive 95/47/EC within the prescribed period
                                                                             — Use of standards for the transmission of television
                                                                                                           signals)
                    (Language of the case: English)
                                                                                                       (2001/C 369/08)
In Case C-19/00: reference to the Court under Article 234 EC                                     (Language of the case: Dutch)
from the Supreme Court of Ireland for a preliminary ruling in
the proceedings pending before that court between SIAC
Construction Ltd and County Council of the County of Mayo                    (Provisional translation; the definitive translation will be published
— on the interpretation of Article 29 of Council Directive                                      in the European Court Reports)
71/305/EEC of 26 July 1971 concerning the coordination of
procedures for the award of public works contracts (OJ,
English Special Edition 1971 (II), p. 682), as amended by
Council Directive 89/440/EEC of 18 July 1989 (OJ 1989                        In Case C-254/00: Commission of the European Communities
L 210, p. 1) — the Court (Fifth Chamber), composed of:                       (Agent: H. van Lier) v Kingdom of the Netherlands (Agents:
P. Jann (Rapporteur), President of the Chamber, A. La Pergola,               M.A Fierstra, and subsequently by J. van Bakel) — application
L. Sevón, M. Wathelet and C.W.A. Timmermans, Judges;                        for a declaration that by failing to bring into force or to
F.G. Jacobs, Advocate General; H.A. Rühl, Principal Adminis-                 communicate all of the laws, regulations and administrative
trator, for the Registrar, has given a judgment on 18 October                provisions necessary to comply with Directive 95/47/EC of
2001, in which it has ruled:                                                 the European Parliament and of the Council of 24 October