CELEX: C2003/213/04
Language: en
Date: 2003-09-06 00:00:00
Title: Order of the Court (First Chamber) of 22 April 2003 in Case C-149/00 P: Gregorio Valero Jordana and Serge Vadé v Commission of the European Communities (Appeals — Officials — Action become devoid of purpose — No need to adjudicate)

6.9.2003                 EN                          Official Journal of the European Union                                                C 213/3
                     ORDER OF THE COURT                                                           ORDER OF THE COURT
                                                                                                      (Fourth Chamber)
                           (First Chamber)
                                                                                                        of 9 April 2003
                          of 22 April 2003
                                                                             in Case C-424/01 (Reference for a preliminary ruling from
                                                                             the Bundesvergabeamt): CS Communications & Systems
                                                                             Austria GmbH v Allgemeine Unfallversicherungsan-
in Case C-149/00 P: Gregorio Valero Jordana and Serge                                                        stalt (1)
    Vadé v Commission of the European Communities ( 1)
                                                                             (Public contracts — Directive 89/665/EEC — Review pro-
                                                                             cedures for the award of public contracts — Action for
(Appeals — Officials — Action become devoid of purpose                       annulment of a decision of the contracting authority —
                      — No need to adjudicate)                               Application for interim measures — Duty or discretion of
                                                                             the body responsible for review procedures to take account
                                                                             of the prospects of success of the substantive claim —
                                                                             Article 104(3) of the Rules of Procedure — Question the
                           (2003/C 213/04)                                     answer to which does not admit of any reasonable doubt)
                                                                                                        (2003/C 213/05)
                    (Language of the case: Spanish)
                                                                                                 (Language of the case: German)
(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-424/01: Reference to the Court under Article 234 EC
In Case 149/00 P: Gregorio Valero Jordana and Serge Vadé,                    by the Bundesvergabeamt (Austria) for a preliminary ruling
officials of the Commission of the European Communities,                     in the proceedings pending before that body between CS
residing at Brussels (lawyer: C. Amo Quiñones) — appeal                      Communications & Systems Austria GmbH and Allgemeine
against the order of the Court of First Instance of the European             Unfallversicherungsanstalt on the interpretation of Article 2 of
Communities, First Chamber, of 9 February 2000 in Case                       Council Directive 89/665/EEC of 21 December 1989 on
T-111/97 Valero Jordana et Vadé v Commission [2000] ECR-                     the coordination of the laws, regulations and administrative
SC IA-15; SC-II-61, seeking to have that judgment set aside,                 provisions relating to the application of review procedures to
the other party to the proceedings being Commission of the                   the award of public supply and public works contracts (OJ
European Communities (Agents: E. Gippini Fournier and                        1989 L 395, p. 33), as amended by Council Directive 92/50/
C. Berardis-Kayser) — the Court, composed of M. Wathelet,                    EEC of 18 June 1992 relating to the coordination of procedures
President of the Chamber, P. Jann and A. Rosas (Rapporteur),                 for the award of public service contracts (OJ 1992 L 209, p. 1),
Judges; P. Léger, Advocate General; R. Grass, Registrar, made                the Court, composed of: C.W.A. Timmermans (Rapporteur),
an order on 22 April 2003, the operative part of which is as                 President of the Chamber, A. La Pergola and S. von Bahr,
follows:                                                                     Judges; S. Alber, Advocate General; R. Grass, Registrar, has
                                                                             made an order on 9 April 2003, the operative part of which is
                                                                             as follows:
1.    There is no need to adjudicate.
                                                                             Article 2 of Council Directive 89/665/EEC of 21 December 1989
                                                                             on the coordination of the laws, regulations and administrative
2.    The Commission of the European Communities shall pay the               provisions relating to the application of review procedures to the
      costs of proceedings before both the Court of First Instance and       award of public supply and public works contracts, as amended by
      the Court of Justice.                                                  Council Directive 92/50/EEC of 18 June 1992 relating to the
                                                                             coordination of procedures for the award of public service contracts,
                                                                             must be interpreted as meaning that it does not preclude the Member
                                                                             States from providing that when a body responsible for review
( 1) OJ C 163 of 10 June 2000.                                               procedures for the award of public contracts decides an application
                                                                             for interim measures, it is bound or authorised to take account of the
                                                                             prospects of success of an application for a decision of a contracting
                                                                             authority to be set aside on the ground that it is unlawful, so long as
                                                                             the national rules thus governing the adoption of those interim