CELEX: C1998/234/25
Language: en
Date: 1998-07-25 00:00:00
Title: Action brought on 8 May 1998 by the Commission of the European Communities against the Kingdom of Belgium (Case C-172/98)

C 234/14                EN                 Official Journal of the European Communities                                   25.7.98
     that is the case, there is no scope left for the exercise        falls within the scope of the EC Treaty because, although
     of discretion.                                                   their main purpose is not to maximise or redistribute
                                                                      profits, the associations in question may provide services
                                                                      for consideration or obtain income, thus participating in
Ð (In the alternative) Incorrect exercise of discretion in            economic life. The expression profit-making' used in the
     making an assessment under Article 92(3)(a) and (c) of           second paragraph of Article 58 of the EC Treaty refers to
     the EC Treaty.                                                   a Community law concept and does not relate to the
                                                                      domestic law of the Member States.
Ð In so far as the Commission considers that there was a
     breach of Article 52 of the EC Treaty, that too is not
     capable of founding the lawfulness of the contested
     decision. Article 52 of the EC Treaty does not
     constitute a suitable legal basis for the contested
     decision.                                                        Reference for a preliminary ruling by the Tribunale
                                                                      Amministrativo per la Sardegna by judgment of that court
                                                                      of 12 February 1998, in the case of Holst Italia SpA
                                                                      against Municipality of Cagliari and Ruhrwasser AG
                                                                                 International Water Management SpA
                                                                                             (Case C-176/98)
Action brought on 8 May 1998 by the Commission of the                                         (98/C 234/26)
  European Communities against the Kingdom of Belgium
                          (Case C-172/98)
                                                                      Reference has been made to the Court of Justice of the
                           (98/C 234/25)                              European Communities by judgment of the Tribunale
                                                                      Amministrativo per la Sardegna (Administrative Court,
                                                                      Sardinia), of 12 February 1998, received at the Court
An action against the Kingdom of Belgium was brought                  Registry on 11 May 1998, for a preliminary ruling in the
before the Court of Justice of the European Communities               case of Holst Italia SpA against Municipality of Cagliari
on 8 May 1998 by the Commission of the European                       and Ruhrwasser AG International Water Management
Communities, represented by Maria Patakia, of its Legal               SpA on the following question:
Service, acting as Agent, with an address for service in
Luxembourg at the office of Carlos Gómez de la Cruz, of
its Legal Service, Wagner Centre, Kirchberg.                          whether Council Directive 92/50/EEC (1) of 18 June 1992
                                                                      relating to the coordination of procedures for the award
                                                                      of public service contracts allows a company to prove that
The applicant claims that the Court should:                           it possesses the technical and financial qualifications laid
                                                                      down for admission to a published tendering procedure
                                                                      for the award of a public service contract by relying on
1. declare that, by requiring, as appropriate, the presence           the references of another person who is the sole
     of a Belgian associate on the board of an association            shareholder of one of the companies which own the first-
     or a minimum number of associates of Belgian                     mentioned company.'
     nationality which must, moreover, constitute a
     majority, before an association may be incorporated or           (1) OJ L 209 of 24.7.1992, p. 1.
     granted legal personality, the Kingdom of Belgium has
     failed to fulfil its obligations under Article 6 of the EC
     Treaty;
2. order the Kingdom of Belgium to pay the costs.
                                                                      Action brought on 18 May 1998 by the Commission of
                                                                      the European Communities against the Grand Duchy of
Pleas in law and main arguments adduced in support:
                                                                                               Luxembourg
                                                                                             (Case C-188/98)
The legislation referred to, namely:
                                                                                              (98/C 234/27)
Ð the Law of 25 October 1919 which confers legal
     personality on international associations whose objects          An action against the Grand Duchy of Luxembourg was
     are philanthropic, religious, scientific, artistic or            brought before the Court of Justice of the European
     pedagogical',                                                    Communities on 18 May 1998 by the Commission of the
                                                                      European Communities, represented by Maria Patakia, of
                                                                      its Legal Service, acting as Agent, with an address for
Ð the Law of 27 June 1921 which confers legal                        service in Luxembourg at the office of Carlos Gómez de la
     personality on non-profit-making associations . . .'             Cruz, of its Legal Service, Wagner Centre, Kirchberg.