CELEX: C2000/211/24
Language: en
Date: 2000-07-22 00:00:00
Title: Case C-214/00: Action brought on 30 May 2000 by the Commission of the European Communities against the Kingdom of Spain

C 211/14                 EN                   Official Journal of the European Communities                                        22.7.2000
that the unemployed person lives with certain members of the                      whose administrative, management or supervisory
family, and not solely to the condition that they are actually or                 body is made up of members of whom more than one-
mainly dependant on the unemployed person?                                        half are appointed by the State, or territorial bodies or
                                                                                  other bodies governed by public law;
(1) Council Regulation (EC) No 118/97 of 2 December 1996
                                                                              — allow review to be sought of all decisions adopted by
    amending and updating Regulation (EEC) No 1408/71 on the                      the contracting authorities, including all procedural
    application of social security schemes to employed persons, to                measures, during the procedure for the award of public
    self-employed persons and to members of their families moving                 contracts;
    within the Community, and of Regulation (EEC) No 574/72
    laying down the procedure for implementing Regulation (EEC)
    No 1408/71 (OJ L 28 of 30 January 1997, p. 1).                            — provide for the possibility of appropriate interim
                                                                                  measures being granted in relation to decisions adopted
                                                                                  by the contracting authorities, including measures
                                                                                  suspending administrative decisions, removing for that
                                                                                  purpose all difficulties and obstacles and in particular
                                                                                  the need first to bring an action against the decision of
                                                                                  the contracting authority,
                                                                              the Kingdom of Spain has failed to fulfil its obligations
                                                                              under Community law;
Action brought on 30 May 2000 by the Commission of
the European Communities against the Kingdom of Spain                    2. Order the Kingdom of Spain to pay the costs.
                          (Case C-214/00)
                                                                         Pleas in law and main arguments
                          (2000/C 211/24)
                                                                         The national measures which transpose into Spanish law
An action against the Kingdom of Spain was brought before                Directive 89/665/EEC and which, as such, have been notified
Court of Justice on 30 May 2000 by the Commission of                     to the Commission from time to time, namely Law 29/1998
the European Communities, represented by Gregorio Valero                 of 23 July 1998 governing contentious-administrative jurisdic-
Jordana, of its Legal Service, acting as Agent, with an address          tion, Law 30/1992 of 26 November 1992 on the legal
for service in Luxembourg at the office of Carlos Gómez de la           provisions governing public administrations and ordinary
Cruz, Wagner Centre, Kirchberg.                                          administrative procedure, as amended by Law 4/1999 of
                                                                         13 January 1999, Law 13/1995 of 18 May 1995 governing
                                                                         contracts of public administrations, and the Spanish Consti-
The applicant claims that the Court of Justice should:                   tution, are of more limited scope than Directive 89/665/EEC.
                                                                         The measures which are subject to appeal under the said
                                                                         legislation do not include all procedural measures. And in
1. Declare that, by failing to adopt the measures needed to              most cases Spanish law requires an action to be commenced
     give full effect to Articles 1 and 2 of Council Directive           before any application for interim measures can be made.
     89/665/EEC (1) of 21 December 1989 on the coordination
     of the laws, regulations and administrative provisions
     relating to the application of review procedures to the
     award of public supply and public works contracts, and in
     particular by failing to:
                                                                         (1) OJ L 395 of 30.12.1989, p. 33.
                                                                         (2) Council Directive 92/50/EEC of 18 June 1992 relating to the
     — extend the system of review procedures provided for                   coordination of procedures for the award of public service
          by that directive to decisions adopted by all contracting          contracts (OJ L 209 of 24.7.1992, p. 1).
          authorities, within the meaning of Article 1(1) of             (3) Council Directive 93/36/EEC of 14 June 1993 coordinating
          Directives 92/50/EEC (2), 93/36/EC (3) and 93/37/EC (4),           procedures for the award of public supply contracts (OJ L 199 of
          including companies governed by private law set up                 9.8.1993, p. 1).
          specifically to meet needs in the general interest which       (4) Council Directive 93/3/EEC of 14 June 1993 concerning the
          are not of an industrial or commercial character, have             coordination of procedures for the award of public works
                                                                             contracts (OJ L 199 of 9.8.1993, p. 54).
          legal personality, and whose business is for the most
          part financed by the State, territorial bodies and
          other bodies governed by public law, or those whose
          operations are subject to supervision by the latter, or