CELEX: C2004/085/10
Language: en
Date: 2004-04-03 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 22 January 2004 In Joined Cases C-133/02 and C-134/02 (Reference for a preliminary ruling from the Gerechtshof te Amsterdam): Timmermans Transport & Logistics BV, formerly Timmermans Diessen BV, v Inspecteur der Belastingdienst — Douanedistrict Roosendaal, and Hoogenboom Production Ltd and Inspecteur der Belastingdienst — Douanedistrict Rotterdam (Classification of goods for customs tariff purposes — Binding tariff information — Conditions for the revocation of an information)

C 85/8                     EN                        Official Journal of the European Union                                              3.4.2004
                    JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                             (Sixth Chamber)                                                           (Sixth Chamber)
                           of 22 January 2004                                                        of 12 February 2004
In Joined Cases C-133/02 and C-134/02 (Reference for a                       in Case C-230/02 (Reference for a preliminary ruling
preliminary ruling from the Gerechtshof te Amsterdam):                       from the Bundesvergabeamt): Grossmann Air Service,
Timmermans Transport & Logistics BV, formerly Tim-                           Bedarfsluftfahrtunternehmen GmbH & Co. KG v Repub-
mermans Diessen BV, v Inspecteur der Belastingdienst —                                                 lik Österreich (1)
Douanedistrict Roosendaal, and Hoogenboom Production
Ltd and Inspecteur der Belastingdienst — Douanedistrict                      (Public procurement — Directive 89/665/EEC — Review
                               Rotterdam (1)                                 procedures for the award of public contracts — Articles 1(3)
                                                                             and 2(1)(b) — Persons to whom review procedures must be
(Classification of goods for customs tariff purposes —                       available — Definition of ‘interest in obtaining a public
Binding tariff information — Conditions for the revocation                                                  contract’)
                            of an information)
                                                                                                        (2004/C 85/11)
                              (2004/C 85/10)
                                                                                                 (Language of the case: German)
                       (Language of the case: Dutch)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
(Provisional translation; the definitive translation will be published
                      in the European Court Reports)
                                                                             In Case C-230/02: Reference to the Court under Article 234
                                                                             EC by the Bundesvergabeamt (Austria) for a preliminary
In Joined Cases C-133/02 and C-134/02: Reference to the                      ruling in the proceedings pending before that court between
Court under Article 234 EC by the Gerechtshof te Amsterdam                   Grossmann Air Service, Bedarfsluftfahrtunternehmen GmbH
(Netherlands) for a preliminary ruling in the proceedings                    & Co. KG and Republik Österreich, on the interpretation of
pending before that court between Timmermans Transport &                     Articles 1(3) and 2(1)(b) of Council Directive 89/665/EEC of
Logistics BV, formerly Timmermans Diessen BV, and Inspecte-                  21 December 1989 on the coordination of the laws, regu-
ur der Belastingdienst — Douanedistrict Roosendaal, and                      lations and administrative provisions relating to the application
between Hoogenboom Production Ltd and Inspecteur der                         of review procedures to the award of public supply and public
Belastingdienst — Douanedistrict Rotterdam, on the interpret-                works contracts (OJ 1989 L 395, p. 33), as amended by
ation of Article 9(1) and 12(5)(a)(iii) of Council Regulation                Council Directive 92/50/EEC of 18 June 1992 relating to the
(EEC) No 2913/92 of 12 October 1992 establishing the                         coordination of procedures for the award of public service
Community Customs Code (OJ 1992 L 302, p. 1), as amended                     contracts (OJ 1992 L 209, p. 1), the Court (Sixth Chamber),
by Regulation (EC) No 82/97 of the European Parliament and                   composed of: V. Skouris, acting as President of the Sixth
of the Council of 19 December 1996 (OJ 1997 L 17, p. 1, and                  Chamber, C. Gulmann, J. N. Cunha Rodrigues, J.-P. Puissochet
Corrigendum, OJ 1997 L 179, p. 11), the Court (Sixth                         and R. Schintgen (Rapporteur), Judges; L.A. Geelhoed, Advo-
Chamber), composed of: C. Gulmann (Rapporteur), acting for                   cate General; M.-F. Contet, Principal Administrator, for the
the President of the Sixth Chamber, J. N. Cunha Rodrigues, J.-               Registrar, has given a judgment on 12 February 2004, in
P. Puissochet, R. Schintgen and F. Macken, Judges; P. Léger,                 which it has ruled:
Advocate General; H. von Holstein, Deputy Registrar, has
given a judgment on 22 January 2004, in which it has ruled:
                                                                             1.    Articles 1(3) and 2(1)(b) of Council Directive 89/665/EEC of
                                                                                   21 December 1989 on the coordination of the laws, regulations
Article 9(1) read in conjunction with Article 12(5)(a)(iii) of Council             and administrative provisions relating to the application of
Regulation (EEC) No 2913/92 of 12 October 1992 establishing                        review procedures to the award of public supply and public
the Community Customs Code, as amended by Regulation (EC)                          works contracts, as amended by Council Directive 92/50/EEC
No 82/97 of the European Parliament and of the Council of                          of 18 June 1992 relating to the coordination of procedures for
19 December 1996, must be interpreted as meaning that they                         the award of public service contracts, must be interpreted as not
provide the customs authorities with a legal basis for withdrawing a               precluding a person from being regarded, once a public contract
binding tariff information where those authorities change the                      has been awarded, as having lost his right of access to the
interpretation given therein of the legal provisions applicable to the             review procedures provided for by the Directive if he did not
tariff classification of the goods concerned.                                      participate in the award procedure for that contract on the
                                                                                   ground that he was not in a position to supply all the services
                                                                                   for which bids were invited, because there were allegedly
(1) OJ C 144 of 15.6.2002.                                                         discriminatory specifications in the documents relating to the
                                                                                   invitation to tender, but he did not seek review of those
                                                                                   specifications before the contract was awarded.