CELEX: C2000/047/08
Language: en
Date: 2000-02-19 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 18 November 1999 in Case C-107/98 (reference for a preliminary ruling from the Tribunale Amministrativo Regionale per l'Emilia-Romagna): Teckal Srl v Comune di Viano, Azienda Gas-Acqua Consorziale (AGAC) di Reggio Emilia (Public service and public supply contracts — Directives 92/50/EEC and 93/36/EEC — Award by a local authority of a contract for the supply of products and provision of specified services to a consortium of which it is a member)

19.2.2000               EN                      Official Journal of the European Communities                                              C 47/5
or withdrawal within the meaning of Council Regulation (EEC)                                   JUDGMENT OF THE COURT
No 1408/71 of 14 June 1971 on the application of social security
schemes to employed persons, to self-employed persons and to
members of their families moving within the Community, as amended                                       (Fifth Chamber)
by Council Regulation (EEC) No 1248/92 of 30 April 1992.
                                                                                                    of 18 November 1999
(1) OJ C 55 of 20.2.1998.
                                                                           in Case C-107/98 (reference for a preliminary ruling from
                                                                           the Tribunale Amministrativo Regionale per l’Emilia-
                                                                           Romagna): Teckal Srl v Comune di Viano, Azienda Gas-
                                                                                  Acqua Consorziale (AGAC) di Reggio Emilia (1)
                 JUDGMENT OF THE COURT
                                                                           (Public service and public supply contracts — Directives
                                                                           92/50/EEC and 93/36/EEC — Award by a local authority of
                         (Sixth Chamber)                                   a contract for the supply of products and provision of
                                                                             specified services to a consortium of which it is a member)
                      of 18 November 1999
in Case C-209/97: Commission of the European Communi-                                                    (2000/C 47/08)
           ties v Council of the European Union (1)
(Regulation (EC) No 515/97 — Legal basis — Article 235                                            (Language of the case: Italian)
of the EC Treaty (now Article 308 EC) or Article 100a of the
      EC Treaty (now, after amendment, Article 95 EC))
                          (2000/C 47/07)                                   (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
                    (Language of the case: French)
                                                                           In Case C-107/98: reference to the Court under Article 177 of
                                                                           the EC Treaty (now Article 234 EC) from the Tribunale
(Provisional translation; the definitive translation will be published     Amministrativo Regionale per l’Emilia-Romagna (Regional
                   in the European Court Reports)                          Administrative Court for Emilia Romagna), Italy, for a prelimi-
                                                                           nary ruling in the proceedings pending before that court
In Case C-209/97: Commission of the European Communities                   between Teckal Srl and Comune di Viano, Azienda Gas-Acqua
(Agents: M. Nolin and P. van Nuffel), supported by the Euro-               Consorziale (AGAC) di Reggio Emilia — on the interpretation
pean Parliament, (Agents: J. Schoo and J.-L. Rufas Quintana) v             of Article 6 of Council Directive 92/50/EEC of 18 June 1992
Council of the European Union (Agents: B. Hoff-Nielsen,                    relating to the coordination of procedures for the award of
M.C. Giorgi and F. Anton), supported by the French Republic                public service contracts (OJ 1992 L 209, p. 1) — the Court
(Agents: M. Perrin de Brichambaut and F. Pascal) — application             (Fifth Chamber), composed of: D.A.O. Edward, President of the
for the annulment of Council Regulation (EC) No 515/97 of                  Chamber, L. Sevón, J.-P. Puissochet, P. Jann (Rapporteur) and
13 March 1997 on mutual assistance between the administrat-                M. Wathelet, Judges; G. Cosmas, Advocate General; H.A. Rühl,
ive authorities of the Member States and cooperation between               Principal Administrator, for the Registrar, has given a judgment
the latter and the Commission to ensure the correct application            on 18 November 1999, in which it has ruled:
of the law on customs and agricultural matters (OJ 1997 L 82,
p. 1) — the Court (Sixth Chamber), composed of: P.J.G. Kap-
teyn, acting for the President of the Sixth Chamber, G. Hirsch             Council Directive 93/36/EEC of 14 June 1993 coordinating pro-
(Rapporteur) and H. Ragnemalm, Judges; A. Saggio, Advocate                 cedures for the award of public supply contracts is applicable in the
General; R. Grass, Registrar, has given a judgment on 18 Nov-              case where a contracting authority, such as a local authority, plans to
ember 1999, in which it:                                                   conclude in writing, with an entity which is formally distinct from it
                                                                           and independent of it in regard to decision-making, a contract for
1. Dismisses the application;                                              pecuniary interest for the supply of products, whether or not that
                                                                           entity is itself a contracting authority.
2. Orders the Commission of the European Communities to pay the
    costs and the European Parliament and the French Republic to
    bear their own costs.
                                                                           (1) OJ C 209 of 4.7.1998.
(1) OJ C 228 of 26.7.1997.