CELEX: C2001/079/22
Language: en
Date: 2001-03-10 00:00:00
Title: Case C-465/00: Reference for a preliminary ruling by the Verfassungsgerichtshof, Vienna, by order of 12 December 2000 in the case of the Rechnungshof against 1. Österreichischer Rundfunk, 2. Wirtschaftskammer Steiermark, 3. Marktgemeinde Kaltenleutgeben, 4. Land Niederösterrreich, 5. Oesterreichische Nationalbank, 6. Stadt Wiener Neustadt, 7. Austrian Airlines, Österreichische Luftverkehrs-AG

C 79/12                EN                     Official Journal of the European Communities                                        10.3.2001
(b) If that question is answered in the negative: Does the first               (c)   a national central bank,
      half of the final sentence of Article 2(8) of Council
      Directive 89/665/EEC of 21 December 1989 on the                          (d) a statutory body representing its members’ interests,
      coordination of the laws, regulations and administrative
      provisions relating to the application of review pro-                    (e)   a partially State-controlled undertaking which is
      cedures to the award of public supply and public                               operated for profit?
      works contracts require an interpretation of the national
      legislation to the effect that the court (the independent          2.    If the answer to at least part of the above question is in
      body) clarifies of its own motion, without specific                      the affirmative:
      assertions (and certainly without relevant offers of evi-
      dence) made by one of the parties, whether the invitation                Are the provisions precluding the abovementioned
      to tender in question is not an individual project, but                  national rules directly applicable, in the sense that persons
      merely a part-project and — in the event that the latter is              obliged to disclose data may rely on them to prevent the
      the case — whether the overall project has an estimated                  application of conflicting national rules?
      contract value of more than EUR 5 million, or is such a
      view prohibited precisely because the onus of proof and
      obligation to produce evidence imposed on the party
      constitutes the essential difference between a procedure in
      which both sides are heard and inquisitorial proceedings?
                                                                         Appeal brought on 22 December 2000 by the European
(1) OJ 1989 L 395, p. 33.
                                                                         Parliament against the judgment delivered on 26 October
                                                                         2000 by the Fourth Chamber of the Court of First Instance
                                                                         of the European Communities in Joined Cases T-83/99,
                                                                         T-84/99 and T-85/99 between Ripa di Meana and Others
                                                                                          and the European Parliament
                                                                                                 (Case C-470/00 P)
Reference for a preliminary ruling by the Verfassungsge-                                           (2001/C 79/23)
richtshof, Vienna, by order of 12 December 2000 in the
case of the Rechnungshof against 1. Österreichischer
Rundfunk, 2. Wirtschaftskammer Steiermark, 3. Marktge-                   An appeal against the judgment delivered on 26 October 2000
meinde Kaltenleutgeben, 4. Land Niederösterrreich,                       by the Fourth Chamber of the Court of First Instance of the
5. Oesterreichische Nationalbank, 6. Stadt Wiener                        European Communities in Joined Cases T-83/99, T-84/99 and
Neustadt, 7. Austrian Airlines, Österreichische Luft-                   T-85/99 between Ripa di Meana and Others and the European
                           verkehrs-AG                                   Parliament was brought before the Court of Justice of the
                                                                         European Communities on 22 December 2000 by the Euro-
                                                                         pean Parliament, represented by A. Caiola and G. Ricci, acting
                         (Case C-465/00)                                 as Agents, with an address for service in Luxembourg.
                          (2001/C 79/22)                                 The appellant claims that the Court should:
                                                                         1.    set aside the judgment of the Court of First Instance of
Reference has been made to the Court of Justice of the                         26 October 2000 in Cases T-83/99 and T-84/99 Carlo
European Communities by order of the Verfassungsgerichts-                      Ripa di Meana and Leoluca Orlando and the European
hof, Vienna, by order of 12 December 2000, received at the                     Parliament;
Court Registry on 28 December 2000 for a preliminary ruling
in the case of the Rechnungshof against 1. Österreichischer             2.    in consequence, declare the applications of the said
Rundfunk, 2. Wirtschaftskammer Steiermark, 3. Marktgemein-                     applicants at first instance inadmissible and unfounded,
de Kaltenleutgeben, 4. Land Niederösterrreich, 5. Oesterreichi-                and
sche Nationalbank, 6. Stadt Wiener Neustadt, 7. Austrian
Airlines, Österreichische Luftverkehrs-AG on the following              3.    order the applicants at first instance to pay the whole of
questions:                                                                     the costs of the proceedings before the Court of First
                                                                               Instance and the Court of Justice.
1.    Are the provisions of Community law, in particular those
      on data protection, to be interpreted as precluding
      national rules which require a State body to collect and           Pleas in law and main arguments
      pass on data on income for the purpose of publishing the
      names and income of employees of:                                  The European Parliament puts forward three pleas in law in
                                                                         support of its appeal, two of which relate to admissibility and
      (a)   a regional or local authority,                               the third to the substance, the last being subdivided into
                                                                         various parts and supported by a number of legal arguments.
      (b) a broadcasting organisation governed by public law,            Its grounds of appeal are as follows: