CELEX: C1999/366/08
Language: en
Date: 1999-12-18 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 16 September 1999 in Case C-27/98 (reference for a preliminary ruling from the Bundesvergabeamt): Metalmeccanica Fracasso SpA, Leitschutz Handels- und Montage GmbH v Amt der Salzburger Landesregierung für den Bundesminister für wirtschaftliche Angelegenheiten (Public works contract - Contract awarded to sole tenderer judged to be suitable)

18.12.1999              EN                       Official Journal of the European Communities                                            C 366/5
1. Articles 4(2) and 2(1) of Council Directive 85/337/EEC of                    or particular measures necessary to ensure that projects are
   27 June 1985 on the assessment of the effects of certain public              examined in order to determine whether they are likely to have
   and private projects on the environment are to be interpreted as             significant effects on the environment and, if so, to ensure that
   not conferring on a Member State the power either to exclude,                they are subject to an impact assessment.
   from the outset and in their entirety, from the environmental
   impact assessment procedure established by the Directive certain
   classes of projects falling within Annex II to the Directive,            (1) OJ No C 72 of 7.3.1998.
   including modifications to those projects, or to exempt from such
   a procedure a specific project, such as the project of restructuring
   an airport with a runway shorter than 2 100 metres, either
   under national legislation or on the basis of an individual
   examination of that project, unless those classes of projects in
   their entirety or the specific project could be regarded, on the
   basis of a comprehensive assessment, as not being likely to have
   significant effects on the environment. It is for the national court
   to review whether, on the basis of the individual examination
   carried out by the national authorities which resulted in the                             JUDGMENT OF THE COURT
   exclusion of the specific project at issue from the assessment
   procedure established by the Directive, those authorities correctly
                                                                                                     (Fourth Chamber)
   assessed, in accordance with the Directive, the significance of the
   effects of that project on the environment.
                                                                                                  of 16 September 1999
2. In the case of a project requiring assessment under Directive            in Case C-27/98 (reference for a preliminary ruling from
   85/337, Articles 2(1) and (2) thereof are to be interpreted as           the Bundesvergabeamt): Metalmeccanica Fracasso SpA,
   allowing a Member State to use an assessment procedure other             Leitschutz Handels- und Montage GmbH v Amt der
   than the procedure introduced by the Directive where that                Salzburger Landesregierung für den Bundesminister für
   alternative procedure is incorporated in a national procedure                          wirtschaftliche Angelegenheiten (1)
   which exists or is to be established within the meaning of
   Article 2(2) of the Directive. However, an alternative procedure
   of that kind must satisfy the requirements of Article 3 and              (Public works contract — Contract awarded to sole tenderer
   Articles 5 to 10 of the Directive, including public participation                                judged to be suitable)
   as provided for in Article 6.
                                                                                                       (1999/C 366/08)
3. Article 1(5) of Directive 85/337 is to be interpreted as not
   applying to a project, such as that at issue in the main
   proceedings, which, while provided for by a legislative provision                            (Language of the case: German)
   setting out a programme, has received development consent under
   a separate administrative procedure. The requirements which such
   a provision and the process under which it has been adopted              (Provisional translation; the definitive translation will be published
   must satisfy in order that the objectives of the Directive, including                        in the European Court Reports)
   that of supplying information, can be regarded as achieved
   consist in the adoption of the project by a specific legislative act
   which includes all the elements which may be relevant to the             In Case C-27/98: reference to the Court under Article 177 of
   assessment of the impact of the project on the environment.              the EC Treaty (now Article 234 EC) from the Bundesverga-
                                                                            beamt, Austria, for a preliminary ruling in the proceedings
                                                                            pending before that court between Metalmeccanica Fracasso
                                                                            SpA, Leitschutz Handels- und Montage GmbH and Amt
4. Article 1(4) of Directive 85/337 is to be interpreted as meaning         der Salzburger Landesregierung für den Bundesminister für
   that an airport which may simultaneously serve both civil and            wirtschaftliche Angelegenheiten — on the interpretation of
   military purposes, but whose main use is commercial, falls within        Council Directive 93/37/EEC of 14 June 1993 concerning the
   the scope of the Directive.                                              coordination of procedures for the award of public works
                                                                            contracts (OJ 1993 L 199, p. 54), as amended by European
                                                                            Parliament and Council Directive 97/52/EC of 13 October
5. Articles 4(2) and 2(1) of Directive 85/337 are to be interpreted         1997 amending Directives 92/50/EEC, 93/36/EEC and
   as meaning that, where the discretion conferred by those                 93/37/EEC concerning the coordination of procedures for the
   provisions has been exceeded by the legislative or administrative        award of public service contracts, public supply contracts and
   authorities of a Member State, individuals may rely on those             public works contracts respectively (OJ 1997 L 328, p. 1) the
   provisions before a court of that Member State against the               Court (Fourth Chamber), composed of: P.J.G. Kapteyn (Rappor-
   national authorities and thus obtain from the latter the setting         teur), President of the Chamber, J.L. Murray and H. Ragne-
   aside of the national rules or measures incompatible with those          malm, Judges; A. Saggio, Advocate General; H.A. Rül, Principal
   provisions. In such a case, it is for the authorities of the Member      Administrator, for the Registrar, has given a judgment on
   State to take, according to their relevant powers, all the general       16 September 1999, in which it has ruled:
 ---pagebreak--- C 366/6                 EN                      Official Journal of the European Communities                                       18.12.1999
1. Article 18(1) of Council Directive 93/37/EEC of 14 June 1993            implementation of the principle of equal treatment for men
    concerning the coordination of procedures for the award of public      and women as regards access to employment, vocational
    works contracts, as amended by European Parliament and                 training and promotion, and working conditions (OJ 1976
    Council Directive 97/52/EC of 13 October 1997 amending                 L 39, p. 40) — the Court (Fifth Chamber), composed of:
    Directives 92/50/EEC, 93/36/EEC and 93/37/EEC concerning               J.-P. Puissochet, President of the Chamber, P. Jann, J.C. Moitin-
    the coordination of procedures for the award of public service         ho de Almeida (Rapporteur), C. Gulmann and D.A.O. Edward,
    contracts, public supply contracts and public works contracts          Judges; S. Alber, Advocate General; R. Grass, Registrar, has
    respectively must be interpreted as meaning that the contracting       given a judgment on 16 September 1999, in which it has
    authority is not required to award the contract to the only            ruled:
    tenderer judged to be suitable.
                                                                           The principle of equal pay laid down in Article 119 of the EC Treaty
2. Article 18(1) of Directive 93/37, as amended by Directive               (Articles 117 to 120 of the EC Treaty have been replaced by
    97/52, can be relied on by an individual before the national           Articles 136 EC to 143 EC) does not preclude the making of a
    courts.                                                                lump-sum payment exclusively to female workers who take maternity
                                                                           leave where that payment is designed to offset the occupational
(1) OJ No C 94 of 28.3.1998.                                               disadvantages which arise for those workers as a result of their being
                                                                           away from work.
                                                                           (1) OJ No C 258 of 15.8.1998.
                 JUDGMENT OF THE COURT
                          (Fifth Chamber)
                                                                                              JUDGMENT OF THE COURT
                      of 16 September 1999
                                                                                                     (Fifth Chamber)
in Case C-218/98 (reference for a preliminary ruling from
the Conseil de Prud’hommes du Havre): Oumar Dabo                                                  of 21 September 1999
Abdoulaye and Others v Régie Nationale des Usines
                           Renault SA (1)                                  in Case C-392/96: Commission of the European Communi-
                                                                                                      ties v Ireland (1)
(Interpretation of Article 119 of the EC Treaty (Articles 117
to 120 of the EC Treaty have been replaced by Articles 136                 (Environment — Directive 85/337/EEC — Assessment of
EC to 143 EC) and of Directives 75/117/EEC and                             the effects of certain public or private projects — Setting of
76/207/EEC — Collective agreement providing for an allow-                                                thresholds)
     ance for pregnant women going on maternity leave)
                                                                                                     (1999/C 366/10)
                          (1999/C 366/09)
                                                                                                (Language of the case: English)
                    (Language of the case: French)
(Provisional translation; the definitive translation will be published     In Case C-392/96: Commission of the European Communities
                   in the European Court Reports)                          (Agent: Richard B. Wainwright) v Ireland (Agent: Michael
                                                                           A. Buckley, assisted by Philip O’Sullivan and Niamh Hyland)
In Case C-281/98: reference to the Court under Article 177 of              — application for a declaration that, by failing to adopt all the
the EC Treaty (now Article 234 EC) from the Conseil de                     necessary measures to ensure the correct transposition of
Prud’hommes du Havre, France, for a preliminary ruling in the              Council Directive 85/337/EEC of 27 June 1985 on the assess-
proceedings pending before that court between Oumar Dabo                   ment of the effects of certain public and private projects on
Abdoulaye and Others and Régie Nationale des Usines Renault                the environment (OJ 1985 L 175, p. 40), Ireland has failed to
SA — on the interpretation of Article 119 of the EC Treaty                 fulfil its obligations under that directive, in particular Article 12
(Articles 117 to 120 of the EC Treaty have been replaced by                thereof, and under the EC Treaty — the Court (Fifth Chamber),
Articles 136 EC to 143 EC), of Council Directive 75/117/EEC                composed of: J.-P. Puissochet, President of the Chamber,
of 10 February 1975 on the approximation of the laws of the                J.C. Moitinho de Almeida, C. Gulmann, D.A.O. Edward and
Member States relating to the application of the principle of              L. Sevón (Rapporteur), Judges; A. La Pergola, Advocate General;
equal pay for men and women (OJ 1975 L 45, p. 19) and of                   L. Hewlett, Administrator, for the Registrar, has given a
Council Directive 76/207/EEC of 9 February 1976 on the                     judgment on 21 September 1999, in which it: