CELEX: C2003/171/05
Language: en
Date: 2003-07-19 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 22 May 2003 in Case C-18/01 (Reference for a preliminary ruling from the Kilpailuneuvosto): Arkkitehtuuritoimisto Riitta Korhonen Oy, Arkkitehtitoimisto Pentti Toivanen Oy, Rakennuttajatoimisto Vilho Tervomaa v Varkauden Taitotalo Oy (Directive 92/50/EEC — Public service contracts — Definition of "contracting authoritye" — Body governed by public law — Company set up by a regional or local authority to promote the development of industrial or commercial activities on the territory of that authority)

19.7.2003                EN                          Official Journal of the European Union                                                C 171/5
      from being regarded by the national court as capable of being          of the Fourth Chamber, acting for the President of the Fifth
      relied on against operators who carried on the activity of grating     Chamber, D. A. O. Edward, P. Jann, S. von Bahr and A. Rosas,
      and packaging the product in the period prior to the entry into        Judges; S. Alber, Advocate General; M.-F. Contet, Principal
      force of Regulation No 1107/96, should that court consider             Administrator, for the Registrar, has given a judgment on
      that during that period the Decree of 4 November 1991 was              22 May 2003, in which it has ruled:
      applicable by virtue of the aforesaid Convention between the
      French Republic and the Italian Republic and capable of being          1.    A limited company established, owned and managed by a
      relied on against those concerned by virtue of the national rules            regional or local authority meets a need in the general interest,
      on publicity.                                                                within the meaning of the second subparagraph of Article 1(b)
                                                                                   of Council Directive 92/50/EEC of 18 June 1992 relating to
                                                                                   the coordination of procedures for the award of public service
( 1) OJ C 469 of 10.2.2001.                                                        contracts, where it acquires services with a view to promoting
                                                                                   the development of industrial or commercial activities on the
                                                                                   territory of that regional or local authority. To determine
                                                                                   whether that need has no industrial or commercial character,
                                                                                   the national court must assess the circumstances which prevailed
                                                                                   when that company was set up and the conditions in which it
                                                                                   carries on its activity, taking account in particular of the fact
                                                                                   that it does not aim primarily at making a profit, the fact that
                                                                                   it does not bear the risks associated with the activity, and any
                                                                                   public financing of the activity in question.
                  JUDGMENT OF THE COURT
                                                                             2.    The fact that the premises to be constructed are leased only to a
                                                                                   single undertaking is not capable of calling into question the
                           (Fifth Chamber)                                         lessor’s status of a body governed by public law, where it is
                                                                                   shown that the lessor meets a need in the general interest not
                                                                                   having an industrial or commercial character.
                           of 22 May 2003
                                                                             (1 ) OJ C 95 of 24.3.2001.
in Case C-18/01 (Reference for a preliminary ruling
from the Kilpailuneuvosto): Arkkitehtuuritoimisto Riitta
Korhonen Oy, Arkkitehtitoimisto Pentti Toivanen Oy,
Rakennuttajatoimisto Vilho Tervomaa v Varkauden Taito-
                              talo Oy (1)                                                      JUDGMENT OF THE COURT
                                                                                                        (Fifth Chamber)
(Directive 92/50/EEC — Public service contracts — Defi-
nition of ‘contracting authoritye’ — Body governed by public                                            of 22 May 2003
law — Company set up by a regional or local authority to
promote the development of industrial or commercial activi-                  in Case C-103/01: Commission of the European Communi-
              ties on the territory of that authority)                                    ties v Federal Republic of Germany (1)
                           (2003/C 171/05)                                   (Failure of a Member State to fulfil obligations — Directive
                                                                             89/686/EEC — Scope — Derogations — Personal protective
                                                                             equipment designed and manufactured specifically for use
                    (Language of the case: Finnish)                           by the armed forces or in the maintenance of law and order)
                                                                                                        (2003/C 171/06)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                               (Language of the case: German)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
In Case C-18/01: Reference to the Court under Article 234 EC
by the Kilpailuneuvosto (Finland) for a preliminary ruling in                In Case C-103/01, Commission of the European Communities
the proceedings pending before that court between Arkkitehtu-                (Agent: J. Shieferer) v Federal Republic of Germany (Agents:
uritoimisto Riitta Korhonen Oy, Arkkitehtitoimisto Pentti                    W.-D. Plessing, B. Muttelsee-Schön and H.-W. Rengeling)
Toivanen Oy, Rakennuttajatoimisto Vilho Tervomaa and Var-                    supported by French Republic (Agents: G. de Bergues and
kauden Taitotalo Oy, on the interpretation of Article 1(b) of                D. Colas): Application for a declaration that, by making, by
Council Directive 92/50/EEC of 18 June 1992 relating to the                  means of the legislation of certain Länder, personal protective
coordination of procedures for the award of public service                   equipment for firefighters subject to additional requirements,
contracts (OJ 1992 L 209, p. 1), the Court (Fifth Chamber),                  although it complies with the requirements of Council Direc-
composed of: C. W. A. Timmermans (Rapporteur), President                     tive 89/686/EEC of 21 December 1989 on the approximation