CELEX: C2003/171/18
Language: en
Date: 2003-07-19 00:00:00
Title: Case C-202/03: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale per la Lombardia — Sezione Staccata di Brescia by order of that Court of 24 April 2003 in the case of Società DAC S.p.A. against Azienda Ospedaliera "Spedali Civili", Brescia; the third party being Pellegrini S.p.A

19.7.2003                EN                      Official Journal of the European Union                                           C 171/13
same time infringed all three principles upheld by the Court in          which requires all the Member States to introduce into their
regard to the recovery of charges levied by the Member States            respective national systems review procedures full available to
in breach of Community law, that is to say not only the                  those who intend to seek reparation of damage suffered or
principle of equivalence and the maintenance of the effects of           who in any event fear that they may suffer harm as a result of
judgments of the Court declaring a charge incompatible with              a decision taken by the tenders committee for the award of a
Community law but also the principle of effectiveness.                   public procurement contract?
( 1) OJ English Special Edition 1969 II, p. 412.
                                                                         Does that interim relief which may be granted by the national
                                                                         administrative courts constitute infringement of Article 2(1)(a)
                                                                         of the Directive, which requires the Member States to take at
                                                                         the earliest opportunity and by way of interlocutory pro-
                                                                         cedures, interim measures with the aim of correcting the
                                                                         alleged infringement or preventing further damage to the
Reference for a preliminary ruling by the Tribunale                      interests concerned, including measures to suspend or to
Amministrativo Regionale per la Lombardia — Sezione                      ensure the suspension of the procedure for the award of a
Staccata di Brescia by order of that Court of 24 April                   public contract or the implementation of any decision taken
2003 in the case of Società DAC S.p.A. against Azienda                   by the contracting authority?
Ospedaliera ‘Spedali Civili’, Brescia; the third party being
                          Pellegrini S.p.A
                                                                         Finally, does that form of interim relief also constitute breach
                          (Case C-202/03)                                of Article 6(2) TEU which, in providing that the Union must
                                                                         respect fundamental rights, as guaranteed by the European
                          (2003/C 171/18)                                Convention for the Protection of Human Rights and Funda-
                                                                         mental Freedoms, has adopted the principle laid down in
                                                                         Articles 6 and 13 of that Convention that judicial protection
                                                                         must be effective, requiring the Member States to guarantee
Reference has been made to the Court of Justice of the                   that full effectiveness in their respective national legal systems?
European Communities by order of the Tribunale Amministra-
tivo Regionale per la Lombardia - Sezione Staccata di Brescia
(Regional Administrative Court for Lombardy, Brescia Div-
ision) of 24 April 2003, received at the Court Registry on               (1 ) OJ L 395, 30.12.1989, p. 33.
13 May 2003, for a preliminary ruling in the case of
Società DAC S.p.A. against Azienda Ospedaliera ‘Spedali Civili’,
Brescia; the third party being Pellegrini S.p.A. on the following
questions:
Is the judicial protection provided in respect of claims based
on Community law, which may be granted by the national
administrative courts in procurement contract proceedings,
and which differs from that provided in the national legal               Reference for a preliminary ruling by the High Court of
order in respect of rights recognised in disputes between                Justice (England and Wales), Queen’s Bench Division
private persons or in disputes between the latter and the public         (Administrative Court) by order of that court dated
authorities over which the ordinary courts have jurisdiction,            12 February 2003, in the case of The Queen on the
contrary to the principle of cooperation enshrined in                    application of Dany Bidar against 1) London Borough of
Article 10 EC, which, in the absence of any harmonised                              Ealing 2) Secretary of State for Education
procedural system, requires that claims based on Community
law must be afforded the same form of protection as claims
based on national law, rather than relief which is purely                                         (Case C-209/03)
interlocutory and therefore less effective compared to the
protection afforded generally in respect of rights under national
law?                                                                                              (2003/C 171/19)
Furthermore, in so far as it does not provide, among the
interim measures available, for the possibility of introducing
an application for interim relief ante causam, seeking an order          Reference has been made to the Court of Justice of the
restraining the authorities forthwith from concluding the                European Communities by an order of the High Court
contract at the end of a. tendering procedure, quite irrespective        of Justice (England and Wales), Queen’s Bench Division
of whether or not an action challenging an act in that                   (Administrative Court), dated 12 February 2003, which was
procedure has already been brought, does Article 21 of Law               received at the Court Registry on 15 May 2003, for a
No 1034 of 6 December 1971, as amended by Law No 205                     preliminary ruling in the case of The Queen on the application
of 21 July 2000, constitute sufficient implementation of                 of Dany Bidar against 1) London Borough of Ealing 2) Secretary
Article 1(3) of Directive 98/665/EEC (1) of 21 December 1989,            of State for Education on the following questions: